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Property Rights - Essay Example
Author : dibbertlonny
Pages 4 (1004 words)
The case of Kelo vs. The City of New London is a land law case involving the city's power of eminent domain. Eminent domain is the power of the government to purchase property of individuals for public use.
In this case, the government acquired the properties of Kelo and others to give it to a corporation…
The land subject to eminent domain is to be given to a private entity for an economic project. The problem presented by those who criticize the ruling in this case is that private entities and corporations might use this to influence the government in acquiring lands. This will give them an undue advantage against individual citizens with respect to property rights.
According to John Locke, the moment a person is born, he has the right to preservation. He has the right to enjoy and use nature for their subsistence. "God, who hath given the world to men in common, hath also given them reason to make use of it to the best advantage of life and convenience." Locke said.
As such, According to Lock, since God gave the world to men for its use and enjoyment, there must be some way in which people could take them and own them. Because without taking them and owning it, how could people use it This is the basis of individual property rights.
However, the property rights of a person are not absolute or unconditional. It may be subject to conditions and it may be limited in favor of the state, the general welfare of the people or for public order. For example, the government may regulate transactions involving properties. These regulations may take the form of contract laws, professional regulations law, or even labor law.
Another example of limitation o ...