Maxim 6.6.12
Private good yields to public.
Privatum commodum publico cedit.
Source: Jenk. Cent. 223; Jackson
Difficulty 1/5 — Foundational
Explanation
Under the monarchy, private advantage yielded to the Crown's public interest without limit. In the American system, this principle still applies — but it is bounded by the reserved rights of the People. No claim of public necessity can override a constitutionally secured right, and the government bears the burden of proving genuine public necessity rather than mere administrative convenience.
Where this applies
- My property development would be profitable but it would harm the community's water supply.
- A business wants to expand but it would block public access to a park.
Legal domains
Cite this maxim
NeCede Max. 6.6.12 — Private good yields to public. — Jenk. Cent. 223; Jackson (Privatum commodum publico cedit.)
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