Cornerstone of Liberty: Property Rights in 21st Century America

by Timothy Sandefur

The right to own and use private property is among the most essential human rights and the essential basis for economic growth. That's why America's Founders guaranteed it in the Constitution. Yet in today's America, government tramples on this right in countless ways. Regulations forbid people to use their property as they wish, bureaucrats extort enormous fees from developers in exchange for building permits, and police departments snatch personal belongings on the suspicion that they were involved in crimes. In the case of Kelo v. New London, the Supreme Court even declared that government may seize homes and businesses and transfer the land to private developers to build stores, restaurants, or hotels. That decision was met with a firestorm of criticism across the nation. In this, the first book on property rights to be published since the Kelo decision, Timothy Sandefur surveys the landscape of private property in America's third century. Beginning with the role property rights play in human nature, Sandefur describes how America's Founders wrote a Constitution that would protect this right and details the gradual erosion that began with the Progressive Era's abandonment of the principles of individual liberty. Sandefur tells the gripping stories of people who have found their property Frank Bugryn and his Connecticut Christmas-tree farm; Susette Kelo and the little dream house she renovated; Wilhelmina Dery and the house she was born in, 80 years before bureaucrats decided to take it; Dorothy English and the land she wanted to leave to her children; and Kenneth Healing and his 17-year legal battle for permission to build a home. Thanks to the abuse of eminent domain and asset forfeiture laws, federal, state, and local governments have now come to see property rights as mere permissions, which can be revoked at any time in the name of the greater good. In this book, Sandefur explains what citizens can do to restore the Constitution's protections for this cornerstone of liberty.

Genres: Politics, Economics, Nonfiction, Law, Business

132 pages, Paperback

First published January 1, 2006

Reviews

[Benjamin Bastian · Rating 4 out of 5]

There was copious amounts of valuable information in this book. However, at times, it was slightly dry. That being said, I would recommend reading it, due to the educational value of what can be learned from doing so.

[Joshua · Rating 5 out of 5]

As a property rights attorney, I very much enjoyed this title by Timothy Sandefur. The author offers vigorous advocacy of property rights and their value to a prosperous society. He debunks arguments that property is a function of written law - as opposed to a right inherent to the human experience. He also outlines modern threats to property rights including rampant eminent domain abuse, cronyism, "regulatory takings," and unconstitutional conditions. This is not a comprehensive discussion of property rights and their place in society; however, this is a great place to start for those interested in law and property.

[Darius · Rating 3 out of 5]

Sandfur explores the practice of Eminent Domain and "regulatory taking" in the U.S. It's a well-written book, even if it is sad to see who far voters have moved their government, since the founders. His analysis is spot-on and his remedies too. Still, there are clearly no enduring solutions until voters can be convinced to act against the abuses of eminent domain.

[Scott Wallis · Rating 5 out of 5]

Amazing Book!

The opening chapters of the book are amazing and should be required reading for every student in the United States. America was founded on the work ethic of hard working Americans who were able to create and build wealth through property rights. It’s essential that we understand the connection between property rights and freedom. And the authors do an amazing job of showing and demonstrating their hidden connection.

I would give the first third of the book 10 stars out of 5. I would give the second third of the book 7 stars out of 5. And the last third, I would give 5 out of 5 stars. The first third of the book is amazing. The second third is great. And the last third is better than most books. Well worth the price. A book that should be in your library of books. And a book that helps us to understand how our nation got it so right and then went so wrong. Marvelous!

[Matthew Royal · Rating 3 out of 5]

Sandefur's perspective is that many rights such as privacy, freedom of association, and freedom from government discrimination of minorities stems from strong property rights. He outlines the threats to property rights beyond eminent domain, such as zoning, civil forfeiture, and condemnation under overly flexible "blight" definitions.

Although I agree with many of his points, he often supports them with little more than anecdotes or "proof by repeated assertion." Definitely an evangelical point of view that makes appeals to authority of the founding fathers rather than making its own arguments. Lots of the same rhetorical techniques as Thomas Sowell's "Basic Economics," such as asserting points without support and inoculating readers against dissenting views, and redefining "greed" so that it is a virtue.

[Jon-David · Rating 5 out of 5]

A must read for liberty lovers involved in state and local government (and it would be great for some federal reform as well).

Great legal analysis, historical insight, and practical suggestions on how to move in the right direction.

I previously worked for Christina Sandefur (also an author in the updated version), and have met Timothy, and have a great deal of respect for who they are as individuals, lawyers, and getting results that advance individual liberty.

[Alex Shrugged · Rating 5 out of 5]

This book is published by the CATO Institute which is generally a libertarian organization. Since I am generally a libertarian, I REALLY loved this book. It tends to go into too many example of how the government has devolved into removing our freedom to own (control) our property, but I loved the book nevertheless.

I'll definitely read this book again.

[Josh · Rating 4 out of 5]

This book is a very powerful indictment of the decline of property rights in the US. It starts with a valuable and concise history of the philosophical underpinnings of private property rights and then details some of the worst abuses of government power in taking property rights from Americans. I love Tim Sandefur and have heard him interviewed several time on the Armstrong and Getty Show, but I wish there had been more helpful suggestions on how to reverse this trend. One way to start would be to get everyone to read this book.