reflections

The "rights" of private property

Recently, the most conservative elements in our political establishment have found common cause with a growing number of "progressives". The issue is one of fundamental private property rights. This has been brought to a head by the U.S. Supreme Court decision in the case of Kelo vs. the City of New London. This was a close decision (5-4) with two different assenting opinions presented as well as two different dissenting opinions. These opinions can be read here: http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=04-108#opinion1

Since that decision, there has been a wide ranging discussion of the issue of emminent domain and private property rights on other BLOGS as well as a stream of press releases from politicians, mostly of the right wing of the Republican Party raising the issue of private property rights and the bogeyman of a government running wild, siezing property under any pretext.

I agree with Representative Pombo that there are significant issues which need to addressed here. It is easy to find an example of a conflict of interest when the Planning Commissions of major cities are filled with representatives of developments and real estate interests. The biggest example is the Atlantic Yards Development in Brooklyn where the Brooklyn Representative on the NY City Planning Commission has to recuse herself from the discussion because she is a partner with Forest City Ratner in that development, leaving the affected community without any voice in the decisions.

Most members of the Green Party decry such use of public authority and the national leadership of the Green Party has taken a public stand against it.

Still I am concerned that the sense of private property rights becomes an issue of "my land is my land and what I do with it is my business and no one elses." I would agree as long as the effects of what you are doing also agree to abide by the limitations of your property line. However, when those effects cross the property line and begin to impact the rest of the community, then the community has a right to tell you to stop.

Private property does not give one the right to violate the endangered species act. Private property does not give one the right to create a nuisance: noise, odor, lights, dust, smoke etc. There is always a sense in which the community also has the right to protect itself from what one does on their own private property.