The Right to Exclude Others from Private Property: A Fundamental Constitutional Right

22 Pages Posted: 7 Jan 2005

Abstract

This article documents and reviews selected federal and state court decisions recognizing the fundamental nature of the right to exclude others from private property and explains why that right should persist in the face of novel communitarian theories of property.

Keywords: Right to exclude, private property, Kaiser-Aetna, fundamental

JEL Classification: K11

Suggested Citation

Breemer, J. David, The Right to Exclude Others from Private Property: A Fundamental Constitutional Right. Available at SSRN: https://ssrn.com/abstract=643964

J. David Breemer (Contact Author)

Pacific Legal Foundation ( email )

Sacramento, CA 95827
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
531
Abstract Views
3,970
Rank
98,856
PlumX Metrics