Property Rights Today - Albert J. Segalla

This article is intended to explore the definition, history and challenges to property rights in our time.

Real estate agents such as myself are taught as part of the course in Real Estate Principles that property rights consist of a "bundle of rights." These rights include the "right to own, possess, use, enjoy, borrow against and dispose of" property.

The institution of private property existing today is part of western culture dating back to ancient Greece. Property rights are linked to the concept of human liberty, supported by the Judeo/Christian concept of free will, which means that human beings have, and ought to have, the power to choose and be responsible for those choices.

About the time of the founding of America, Frederic Bastiat, in his writing of "The Law," exposed the fallacy of socialism in France and provided the reasoning behind the concept that the basis for all human rights can only be the rights to Life, Liberty and Property. Bastiat recognized these rights as the reason why America was so blessed.

Yet, at that time and especially during the early 20th century, the competing Socialist doctrine of "collective rights" became highly influential world wide, and particularly in our country in our universities and media. An example of this viewpoint is Franklin Roosevelt's "Four Freedoms" speech wherein he expressed fundamental rights to be: "The first is freedom of speech...The second is freedom of every person to worship God in his own way...The third is freedom from want....The fourth is freedom from fear ..." The first two could be described as rights which then could be wiped out by government activity attempting to enforce the last two.

The idealistic attraction of socialist concepts was understandable prior to the collapse of the Soviet Union. Since then, however, this continued spread of socialist doctrine is phenomenal, as in every county where it has been imposed, there has been economic and social hardship including mass murder of human beings. (An excellent resource about the history of the Socialist movement in America is "Fabian Freeway" by Rose L. Martin.)

Today, the challenge to property rights still comes from the socialist camp. A most glaring example of property rights abuse is the case of Kelo v. City of New London , No. 04-108, which allows the taking of private property for private use under the power of eminent domain. Not so blatant is a movement called Agenda 21 being implemented by our existing governments at all levels, almost always without public awareness and approval. Agenda 21 provides for the removal of real estate from private ownership and the restructuring of human habitation into controlled "villages". The buzzwords include "Sustainable Development" and "Smart Growth". For more information from the proponents of this, do an Internet word search on "Agenda 21" and for opposition go to "Freedom 21".
It could be summarized that property rights, no matter whether real estate or personal, is the basic human right to use property in any way except infringe on the rights of others.

The good news is that whenever and wherever private property rights are respected and protected, abundance results. This means we are rich because we are free - not vice versa.