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The “Bundle” Theory of Property
The dominant view of property today is the “bundle” theory. According to this view, property consists of a number of separate rights, such as the rights to use, disposal, and trade. Metaphorically, property consists of a “bundle of sticks.” One of those sticks can be removed, but a bundle remains. Similarly, one of rights of…
Eminent Domain: Condemning Self-interest
The process of exercising eminent domain is called condemnation. According to the Texas Property Code, If an entity with eminent domain authority wants to acquire real property for public use but is unable to agree with the owner of the property on the amount of damages, the entity may begin a condemnation proceeding by filing…
Deed Restrictions Versus Property Rights?
Last Friday, the Texas Supreme Court ruled that short-term rentals are not a commercial use of property. The case involved a home owner association that claimed short-term rentals were a commercial use and violated its deed restrictions (also called covenants). Patrick Sutton, the home owner’s lawyer, said, This is about as strong of a property…
A Conflict of “Rights”
Last week, the Trump Administration allowing employers to quit offering no-cost birth control as a part of employee insurance policies. According to the Houston Chronicle, reaction was swift and divided: “President Trump is demonstrating his commitment to undoing the anti-faith policies of the previous administration and restoring true religious freedom,” said Tony Perkins, president of…
Should “Corner Crossing” be Legal?
The owner of a Wyoming ranch is appealing a judge’s ruling that “corner crossing” is legal. Corner crossing is the practice of going from one parcel of “public” land to another via privately owned land. The plaintiffs in the case relied on the Unlawful Inclosure Act of 1885, which prevents a private landowner from blocking…
Resolving Social Conflicts with Property Rights: Discrimination
For decades, legislative bodies have enacted laws that prohibit businesses and landlords from discriminating against an ever-growing list of individuals, such as ethnic and racial minorities, women, gays, the handicapped, and more recently, transgender individuals. Like many other issues involving the violation of property rights, anti-discrimination legislation is founded on fuzzy and imprecise thinking. It…