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Cato Podcast

Property Rights after Kelo

Cato Podcast

Cato Institute

Cato, Peace, Policy, Politics, Markets, Defense, Government, News, News Commentary, 424708, Immigration, Libertarian

4.5979 Ratings

🗓️ 23 June 2006

⏱️ 8 minutes

🧾️ Download transcript

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Transcript

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0:00.0

Welcome, I'm Anastasia Glova bringing you the Cato Daily Podcast.

0:04.0

Full and edited versions of our podcasts are available on our website at

0:08.0

W.W. Kato.org

0:12.0

Nearly a year ago, the Supreme Court ruled in Kilo versus New London that privately owned property may be seized for commercial development.

0:20.0

The decision caused an outrage among Americans, leading some states to pass laws restricting the use of eminent domain.

0:28.0

Today's podcast is a phone call interview with Pacific Legal Foundation staff attorney

0:33.8

Timothy Sandifer who has written a book published by the Cato Institute

0:37.4

titled Cornerstone of Liberty Property Rights in 21st century America.

0:43.0

Is private property a privilege or a right?

0:47.0

Private property was originally believed to be a natural right of all human beings

0:52.0

by the American founders who based that view on

0:54.6

John Locke and expressed it in the Declaration of Independence and in the Constitution.

0:59.2

But what happened was beginning in the late 19th and early 20th centuries the progressive movement

1:04.8

replaced that vision of property and of all rights with the idea that rights are all

1:09.7

just privileges that are given to you by the state for the government's own purposes

1:13.8

and they can revoke these rights whenever the government decides that doing so would be in the

1:18.2

public's interest.

1:19.6

The famous progressive Justice Louis Brandeis said that in the interest of the public, private private private progressive justice needs of society. You know, remolded is a wonderful euphemism for deprived and that was

1:35.8

the notion that the progressives brought to the law that rights are all just privileges and

1:39.6

so private property of course was one of those rights that has come to be seen as just a

1:43.4

privilege that the government can grant or deny it will.

1:46.2

And you think courts and legislatures have betrayed this fundamental right?

...

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