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NeCede's

Maxim 5.1.35

The legal conception of property is of right.

Source: Leroy Fibre Co. v. Chicago M. & St. P. Ry., 232 U.S. 340, 350; Weisman, 91hh Difficulty 2/5 — Approachable

Explanation

(English-origin maxim.) Property is a right, not merely a physical thing — the constitutional protection extends to the right itself, not just to the tangible object.

Where this applies

  • A city tries to condemn a man's home and argues the property is just a thing, but the court holds that property is a constitutional right, not merely the physical land.
  • The government freezes a bank account, and the account holder argues that her right to that money is a property right protected by due process, not just a claim to physical cash.
  • A business owner challenges a regulation that wipes out the value of his inventory by arguing that property includes the right to use and profit from his goods, not just physical possession.

Legal domains

Cite this maxim

NeCede Max. 5.1.35 — The legal conception of property is of right. — Leroy Fibre Co. v. Chicago M. & St. P. Ry., 232 U.S. 340, 350; Weisman, 91hh

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