The recognition of private property has been an important legal and social feature of American jurisprudence and political history since the creation of the republic. The property concept recognizes an individual as the owner of land or other valuable and gives that owner power over its use and disposition. Property rights have been viewed as an expression of individualism and as a form of individual liberty under our constitutional law at both the state and the federal level.
The rights of individuals vs. the rights of society
While American law has long recognized the significance of individual property rights, it has also balanced the needs of property owners against the needs of the community to protect public health, safety, and general welfare. Throughout our nation's history, owners have been limited in their property use, first by the doctrines of public and private nuisance law and later by state and local regulations.
An ongoing conflict about regulation
Government regulations restricting private property use have greatly expanded over the last fifty years, creating tensions between the community and the property owner. This conflict has found its expression in constitutional law theory. Under the Takings Clause of the Fifth Amendment, government is prohibited from taking private property for public purposes without paying just compensation. Recent litigation has highlighted the importance of the Takings Issue in contemporary America as a restraint upon uncompensated environmental and land use regulation.
A versatile legal and research resource
Because of its combination of court rulings and scholarly articles, the set isuseful to many users. Professors can use the material as a basis for assignments and classroom discussions and as a user-friendly way of introducing students to multiple viewpoints and legal reasoning that may stimulate them to do their own research. Students will be pleased by the collection's versatility as a ready information source for papers, reports, and research assignments. Researchers will find it ideal for a quick overview of contemporary legal scholarship and court rulings on a narrowly focused issue. Librarians will appreciate the collection's durability and permanence as a saver of fragile journal collections.
