The Myth of Property Absolutism and Modern Government: The Interacation of Police Power and Property Rights

Talmadge, Philip A.

Journal: Washington Law Review

Volume: 75

First Page: 857

Year: 2000

Bluebook Citation: 75 WASH. L. REV. 857 (2000)

Author: Philip A. Talmadge: all 9 publications


Abstract

A new movement in America espousing a novel doctrine, property-rights absolutism, has gained some popular and political appeal. But the property rights absolutists tend to ignore the societal foundations of property, and especially de-emphasize the responsibilities property owners have to the community in which they live. They fail to consider properly the significance of the police power and its vital role in the American and Washington State constitutional systems. This Article debunks the newly minted mythology of the property-rights absolutists and places the police power and property rights in their proper historical perspective.

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