- Abolition of property in land and application of all rents of land to public purposes.
While alarmists would, at this time, be remiss to herald the decline of the rule of law on this point, it becomes us to consider the avenues by which such an erosion may soon evidence itself. This is especially worthy of our consideration in light of our current trend toward socialism.
John Locke advises us that “Government has no other end, but the preservation of property,” and that “The reason men enter into society is for the preservation of their property.”
It is only a government that has rejected this obligation of preservation that will presume to be the ultimate owner of all property, especially land. For this reason, eminent domain, if it can be considered at all legitimate in its own right, must be utilized in the most sparing manner possible, wherein the government assumes ownership only when absolutely necessary, when there are no possible alternatives.
This, unfortunately is not the case. There have been far too many cases of illegal government takeovers of property*.
Here are just two examples. With very little research, I’m sure that you can find plenty more.
http://www.ij.org/index.php?option=com_content&task=view&id=920&Itemid=165
There is a phrase in the constitution that alludes to eminent domain:”…nor shall private property be taken for public use without just compensation.”
It takes very little consideration to determine that this concept has been regularly abused. As seen in the above cases, it has been used many times to transfer private property to other private property owners. This is clearly unconstitutional.
It has yet to be considered whether eminent domain is a legitimate function of government. What implications does it have? Do we own property or do we lease rights to property from the government? This also affects the issue of government jurisdiction being defined by territory rather than by citizenship.
*(It must be noted that the government may at times act illegally. The United States government operates under the rule of law rather than the rule of men. There is no sovereign superior to the law. Therefore, any action taken by government officials which is contrary to the rule of law is to be understood as illegal.)