Property Rights

Excerpted from the Platform of the Libertarian Party of California:


We recognize the right of property owners to control, use, transfer or dispose of their property in any manner that does not violate the rights of others. We believe that rights to land and any related water, oil or mineral rights are entitled to the same respect and protection. We reject any governmental assertion of "police powers" to regulate private property under the guise of "furthering the public health, safety, morals, or general welfare."

Therefore, we advocate on a statewide basis whenever possible the following:

  • The abolition of zoning laws and building codes, which may be replaced by restrictive covenants, amongother voluntary means.
  • The abolition of all rent control laws, regulations, boards, mandatory low-income housing quotas in new developments, and all condominium conversion restrictions.
  • The abolition of the Department of Real Estate whose regulations restrict and delay urban condominium developments and rural residential subdivisions and commercial land developments and whose licensing procedures for real estate brokers limit occupational mobility and competition in the market for the sale of real property.
  • The repeal of eminent domain and all forms of condemnation of property.
  • The privatization of government-held lands, including parks and beaches, and the abolition of the California Coastal Commission and all other regional land use agencies.
  • The adoption of private remedies, including civil legal action, for redress of property rights violations.
  • The abolition of any restrictions on a landlord's right to maintain "adults only" rental units.
  • The end to government-mandated privileges for the handicapped, such as reserved parking spaces, special access ramps and special rest rooms on private property. We are confident that private property owners, either through their search for a broader market for their services, or out of admirable charitable inclinations, will provide an ample supply of such facilities.]

This does not mean a "For Sale" sign should go up on every government-help piece of property overnight. Nor does it mean we should abolish all the laws and codes tomorrow, as individual parties could not pick up the responsibilities involved if it was dumped on their doorstep.

I almost said "responsible individual parties" in the above paragraph, but realized that government is a poor choice on deciding what is a "responsible party".

As is the problem with any long-term oppressive law or control it needs to be dismantled at a pace that allows individual to cope with their forgotten rights without creating chaos. I advocate creating a time frame for the elimination of various government policies and agencies used to grant special privileges to groups, organizations, or individuals based on their alignment with governement ideology.

To accomplish this I would recommend measuring the success and incentivising of the Director of each affected agency by their ability to turn over their operations to private or local hands. If local elected government bodies (cities, counties, districts) wish to have the property for their use (parks, etc.) they should have to acquire on them open market.

It is not in the best interest of the individuals of the United States to have thier use of property, public or private, regulated for the enjoyment of the select few who "fit" the political guidelines of being a "model citizen".

The creation of laws and controls which confer special rights and privileges to specific groups or individuals based on their status is confiscation of those same rights and privileges from the "unqualified" and undermines the basic tenet that "all men are created equal".