Maxim 1.5.66
It is for the public good that no one should use his property badly.
Expedit reipublicae ne sua re quis male utatur.
Source: Inst. 1, 8, 2; Jackson
Difficulty 3/5 — Intermediate
Explanation
Under the monarchy, the Crown claimed authority to regulate property use for the public good without limit. In the American system, the People delegated limited authority to government — the public interest in property use is real, but it cannot override the owner's natural right of dominion without due process of law, and the burden falls on government to show genuine public harm, not mere regulatory preference.
Where this applies
- A property owner uses their land in a way that harms the neighborhood.
- Someone operates a hazardous business on their property that endangers neighbors.
Legal domains
Cite this maxim
NeCede Max. 1.5.66 — It is for the public good that no one should use his property badly. — Inst. 1, 8, 2; Jackson (Expedit reipublicae ne sua re quis male utatur.)
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