Those Who Own Land Have the Right to do with it as They Choose

Those Who Own Land Have the Right to do with it as They Choose

            There exist laws that are contradicting each other when it comes to private and public ownership of land (Shypard, 30). According to Hegel, property is one of the most essential aspects of the existence of human beings in each and every society. Owning land gives a person the freedom to use, abuse and dispose it however he or she wants. On the contrary, having the right to choose what to do with one’s own land can be problematic (Waldron, 12). This paper’s main subject is to discuss both of the above as well as situations where the rights of land owners must give way to the rights of the public.

According to George, ownership of land means the fundamental fact that determines the social, political and moral conditions of people in a society. The body that helps protect and acts as a guardian to a person’s land is the Land registry (Syphard, 60). Rules that govern how a person accesses and controls their land are referred to as property. Such rules are disputed as well justified by some philosophical discussions especially on the issues of private property in land. Private property in land means that particular individuals who own land have the rights to use, manage and dispose their land as they please with the exclusion of any detailed control by society (Coggins et al., 300).Such exclusions cause a stir because people who own land feel like they should have the sole rights to do with it as they so desire (Syphard 109). This is referred to as Utopian thinking. This paper is meant for   the justification that land owners have the rights to do with their land as they choose.

Land owners can be equated to private ownership of land. It is achieved when certain individuals are allocated land to which they have control over, and has the right to decide what should be done with it (Coggins et al., 220). Such a person acts as an agent of the society and may act on their own initiative without necessarily having to explain to anyone particularly the society. He or she can enter into cooperation involving the land or transfer the rights to someone else (Glicksman and Coggins 190).

The U.S Constitution, in the fifth amendment provides that private property including land cannot be converted into public property or used as a public property without giving compensation to the owner. Such situations can occur in instances such as when a person’s land is adjacent or close to the proximity of say an airport (Glicksman and Coggins, 210).The government can place restrictions on usage of that particular land by the owner because it may compromise with the wellbeing of the neighborhood in general or even the historical aesthetics (Shypard, 79).

The fact that landowners get to choose how to use their land  contributes to many implications and determines many aspects of people’s lives for instance          building homes, setting space aside for nature, growing food and building homes among many others (Shypard, 99). Owning land is also associated with wealth and status in society (Glicksman and Coggins 234).

Those Who Own Land Do Not Have the Right to Do with it as they Choose

This situation is governed by public land laws which usually distinguish between public domains. They are land obtained from private land owners or state owners by way of condemnation, exchange, gift or purchase (Coggins et al., 104). This could be in a situation of collective property where land is owned by the community as a whole. Such a mechanism is achieved by collective decision making, forming a soviet year plan (Coggins et al., 54).

This system helps a great deal in avoiding conflicts. It is impossible to attain things such as exchange and cooperation production. Some societies have been in existence for decades and even millennia and have been subsequently satisfying the needs and wants of its citizens without the need for having private ownership (Waldron, 25). There exists three times of arrangements for instance common property, collective property and private property.

Sometimes Private Landowners’ Rights Must Give Way to The Rights of the Public

Such a situation can arise for example on parcels of land that are close to government amenities or infrastructure such as roads, airports, rivers or industries among others (Coggins et al., 66). Land owners with such land are often called upon to give up their land to give way to the interests of the public. For example a piece of land that is close to the road (Waldron 55). When there is need for expansion of the said road, the land owner will be called upon to give up his or her piece of land to give way for the construction of the road. Such land owners are however usually compensated for the loss of their land.

Works Cited

Syphard A.  “Setting Priorities for Land Conservation”: Ecology and Society, 2016, 60-65

Coggins, Cameron George, Wilkinson, Charles F. and Leshy, John D. “Federal Public Land and   Resources Law”. 2007, 5^th Edition, 78-100

Glicksman, Robert and Coggins, George, : “Modern Public Land Law in a Nutshell”. 2012, 4^th     Edition, 100-190.

Waldron, J. “Property and Ownership”. 2004, 203-220