Can The Government Take Away Your Property?


The following is about the principle of Property rights.

Property rights are so important to a free society that those rights were singled out in the Constitution of this great nation. John Adams said the following as written in the Federalist papers.

“The moment the idea is admitted into society that property is not as sacred as the laws of God, and that there is not a force of law and public justice to protect it, anarchy and tyranny commences. Property must be secured or liberty cannot exist.”

How can a free people ignore that to own property and have property secures them to a free society? The rights of life and liberty are on equal grounds with the property rights or the right to have your stake in a free society is protected by the government they swear to serve. The constitution never changes or shouldn’t except as approved by the people of this nation. But the people who are elected to government change regularly as the people elect them to office.

When new members of government are changed then the jockeying for position and power begins. This is how it is but if the people are not secure in the constitution and the rights provided there in, how can the people feel secure in their government? When proposed solutions to nation’s problems begin why is it that they always include the giving or taking away the rights of the people can involve the taking away of property rights or the redistribution of wealth? The right to own property is the wealth of this nation… This is the beginning of tyranny.

Although not written in bold words the constitution does guarantee the rights of property in the Fifth Amendment. Property shall not be taken without just compensation. Also in the Fourteenth Amendment is states; nor shall any State deprive any person of life, liberty, or property, without due process of law; or deny to any person within its jurisdiction the equal protection of the laws. Now it becomes law in the States to protect those rights with due process…

In the nineteen sixties the Urban Blight laws came into effect. These laws had a public purpose.

In straight forward talk it gave government the right to eminent domain on property to improve the life of others. In other words, here is an area ripe for reasonable negotiation and accommodation for the land owner. Negotiation a TLE with a condemner provides the process of condemning property but showing necessary data that conveys the idea it is fair and reasonable to the public and the landowner. Temporary Limited Easement gives the government the right to use the property for staging of the project they are going to impact for development.

When the domain is used the staging area becomes unusable property and then the government also takes the staging area without compensation under the law of Eminent Domain. The owner is screwed for property used for staging and paid only for the land used for the project based on the original land use package but not the staging area that becomes a throw-away package. He loses the value of the entire project but is paid only for the land used not the staging area that was condemned. This is just a sample of government takeover of private property rights.

Without getting to farfetched with this article it is and has been laws are now against the rights of owner’s even home owners. June 23, 2005 the Supreme Court ruled against home owners and in favor of local governments giving property to or transferring property from one owner to another. They have the backing of the Supreme Court to exercise power or taking power in this manner. These agencies or owners will have backing of the Supreme Court when it comes to public matters. Meaning if a city or state wants your property to use for city improvements or public needs they can take it.

We as people need to know how the government works and how law protects itself. It certainly doesn’t always protect us the people.

No one can harm the man who does himself no wrong.

Robert D. Ashford was a Marine during the cold war and is now retired, after 50 years of construction management. He is a keen genealogist and loves humor. He watches the political horizons and likes to write commentary on what’s next.