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I also believe in a more limited concept of private property, but setting that aside: Property ownership in the Anglo-American legal system has always been sub
by djur 9y ago
I also believe in a more limited concept of private property, but setting that aside:
Property ownership in the Anglo-American legal system has always been subject to limitations. Property owners have common-law obligations both to the government (traditionally the sovereign) and to other private citizens. These are typically easements (https://en.wikipedia.org/wiki/Easement https://en.wikipedia.org/wiki/Easement).
The US Constitution specifies that the government cannot take property without "just compensation". The legal dispute at issue here is whether California requiring Khosla to permit people to travel through his property to reach the beach is a "taking" or whether it is simply enforcing an existing easement that was already established at the time he purchased the property.