Class Notes Summaries

Percell New Text Dissection

“The law asserts that property rights are no longer more important than other concerns. They are still firmly in place, but now they must coexist with social use value. They are contingent on whether the proposed development provides an adequate contribution to social needs”(143).

http://www.condemnation-law.com/articles-eminent-domain/eminent-domain-process-powers-and-history-part-2/

This political cartoon does a good job of explaining such quote. Notice the man still inside his home while its going to be bulldozed.

  • Summarize:Property rights depend on social needs.
  • Terminology:
    • property rights- peoples property that they personally own legally through government
    • social use value- The needs of society
    • development (in context)- The changes being made that require ones personal property to be taken
    • social needs- this is too broad to give a complete definition
  • Key Terms and Ideology:
    • There is this idea that if an individuals property could better fix society and could better benefit society, personal property can be seized whether the individual likes it or not. I think of it as making a sacrifice to society. I don’t think it is usually the right thing to do but it does happen and can sometimes benefit the surrounding area.
  • So What?:
    • Authority has the power to take “personal” property if it better helps society. Does that really make property personal or is there a skewed line?

 

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