Freedom of Rights & Property
Americans like to believe that we own our land to the center of the earth and into the infinite heavens- but, we do not. Our Constitution outlines how we can expect government to treat us on our land, but from the beginning our government retained certain rights to all land.
Pictured to the right is the lady called Liberty and with her the Eagle and what does the serpent protect? Well, the fasces is a bundle of sticks or arrows or twigs, each representing an individual right retained by government. Those rights include: Eminent Domain, Taxation, Police Powers, Escheatment; and as land owners we have rights, too. We have the right to use our land as an asset, to sell off further rights like air, water and mineral, for our own gain, but in the end the government retains the ultimate control over the use of the land, that many of us believe we own totally. These controls of our government protect animals and the environment, they allow for zoning and building codes to protect structures and they are the taxation vehicle. The Bundle of Rights is talked about a great deal when studying law or real estate, but rarely does the average citizen realize the full force of these rights.
Citizens appear before their councils of government to protest against the enforcement of zoning laws, or building codes; not realizing; (and often the elected officials not realizing) that the right to enact such regulation is clear and protected at the Federal level. Yes, to many this seems un-American, but the duty to protect citizens is the role of government; what becomes un-democratic is the extension of the government's rights into personal liberty. Government can set zoning to define appropriate and diverse uses of land and they can regulate how our roadways are driven upon, but when these rights are stretched to dictate whether or not I eat fried chicken or smoke on my land, is where the violation of freedom occurs.
The Mace is also a fasces, this is the mace used in the US House of Representatives. The Eagle represents our freedom to have rights, unlike feudal times where only the King had rights. The sticks represent the Bundle of Rights retained by our lawmakers, but they also represent Life, Liberty and the Pursuit of Happiness, the basic freedoms protected by the government on behalf of its citizens. The mace and fasces are historic symbols of our nation and many others. Unfortunately, in other nations dictators have been allowed to gain influence and they seize the Bundle of Rights for their own gain. At base, that maybe the reason that the Mace is the symbol of our House of Representatives, those persons are elected to protect All of rights- even if sometimes we wish they did not.
The castle in the photo dates back to feudal England and will help demonstrate the complex simplicity of our property rights in the US. The sky, land and water are each rights that an American can divide off of their property and sell or lease for individual gain. The Government has the right to protect the quality of the air, building and water through laws and taxation to pay for the protection. As the title holder, I own the right to enjoy my surroundings and not be forced to quarter soldiers without just compensation.
Being an American is a blessing because of the rights and protections we do have, thanks to so many that came before and gave their lives for these freedoms and rights. Citizenship is not easy and should never be taken for granted, we must be diligent in the protection of our personal freedoms and understanding of the purposes of all rights. For only in a democracy, where freedom and liberty are the foundation principles, could such a precarious balance exist.
[ Photos are used from The US Capitol photo gallery and images on the internet.]
Property rights are a complex issue on so many levels, Realtors are in a unique position to help people understand where their holdings fit. But they can only do that if they understand.
Thanks for the comment! I just wish more people that view this post would comment, it helps add perspective to have a dialog.
Wow, great article Jane. I thought it was very imformative! It lets us all know that we "assume" to much.
It's a crock- I can do what I want on my own land, This Is America! Show me the law that says i can't do what I want, when I want in my own home.
great post Jane Page. We do take many things for granted. And if we don't protect our CIVIL and PERSONAL liberties/freedoms/rights -- -we will NOT be able to do what we want-when we want , on our land, like the anonymous commenter above thinks.
Jane Page: What a beautifully written post. It's very easy to see from where our state and local laws and ordinances were drawn. I deal with various land use issues on a daily basis but never really stop to think about it on the constitutional level.
Maxine-thanks for the comment! I worked hard on this one.
This is a great definition and I am sorry that every citizen does not understand that they DO NOT have unlimited rights to their land. Democracy keeps our leaders in check, or else they could take over. Thank you for your insight.
Thanks for the comment. The complex issues of property are an area where more education is needed for everyone, not just agents.