Maxim 2.1.17
It is to the advantage of the State that everyone uses his property properly.
Interest reipublicae ut quilibet re sua bene utatur.
Source: 6 Co. 37; Jackson
Difficulty 3/5 — Intermediate
Explanation
Under the monarchy, the Crown's interest in property use was supreme. In the American system, government's interest in the proper use of property is delegated from the People and limited by the owner's natural right — regulation must serve the genuine public good, not merely expand government control over private dominion, and no right may be taken without due process of law.
Where this applies
- A city zones a residential neighborhood for mandatory green-space setbacks to protect the watershed — the regulation serves a genuine public purpose by preventing flooding and water contamination for the whole community.
- A county bans all livestock on residential parcels under five acres, not because of any nuisance complaint but simply to control how owners use their land — that is government overreach disguised as regulation, not a genuine public good.
- A state requires that industrial facilities maintain buffer zones near schools to protect children's health — this is a proper exercise of the government's limited interest in how property is used, because it directly serves the safety of the public.
Legal domains
Cite this maxim
NeCede Max. 2.1.17 — It is to the advantage of the State that everyone uses his property properly. — 6 Co. 37; Jackson (Interest reipublicae ut quilibet re sua bene utatur.)
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