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Who owns your land?

Published October 18, 2010 in Short Answers by Mary Ruwart

Question

I own 8.93 acres. In the past it has been used for growing crops. Now I want to put a few horses and a small shed on it, but the county won't allow me. Who owns my land? Where are my rights?

Answer

You have a conflict between what you want to do with your land and what the zoning authorities permit -- an all-too-common problem these days.

Today, while you own your own land -- in theory -- in practice, it can be taken from you and given to another private party through eminent domain, if the local government believes it will receive more taxes that way.

The local zoning board can tell you what you may or may not do on your land. Even if you own the land "free and clear," the government can take it from you if you don't pay property taxes. And property taxes amount to, in practice, a kind of "rent" you have to pay the government each year to be allowed to keep living on your own property!

In a libertarian society, government couldn't take your land by eminent domain. There would be no zoning boards. Deed restrictions, which you would be aware of when you bought the property, would be the only limitations on what you did with your property. Deed restrictions would protect your property rights, and also protect your neighbor's property rights, far more fairly and effectively than zoning laws.

Finally, a truly libertarian society would have no taxes, so the government couldn't take your land for not paying the "rent" of annual property taxes.

If you like the idea of having the freedom to do any peaceful thing you wish on your own property, you just might be a libertarian. If so, join us and help make real freedom ring!


Read more of Dr. Mary Ruwart's responces to tough questions in her book Short Answers to the Tough Questions.


Showing 6 Comments

Pubilshed October 18, 2010 by A. W. Wallace

Gravatar Unfortunately, you do NOT own your land. What you own is an "estate" in the land, which includes many rights concerning it. This stems from the medieval concept that "the King owns all the land" and grants "estates" in it to the people, in return for their paying taxes, and supporting the king. Our government has replaced the "king", and therefore can impose restrictions on our use of "our land" and tax us on its value, which the government sets. While we now have 3 branches of govenrment, many of the old ideas about the "king" or "State" as owning everything remain.

Pubilshed October 22, 2010 by Guest

Gravatar some property owners put garbage dumps on there property making your property worth a lot less. there should be some rull that make since to the most people.

Pubilshed October 23, 2010 by fbm

Gravatar our country is not free, as their are laws to keep the folks who work hard down.if we own,we should do as we please with what we own.abolish these laws then we,ll be a free country.

Pubilshed October 25, 2010 by Daniel Lewis

Gravatar Check this out for some History of who owns your land http://lewisdt.com/research/landclaims.html

Pubilshed October 26, 2010 by 57lespaul@gmail.com

Gravatar The problem with using property rights to "govern" land use is that not all people are created equal. Not everyone has the same capacity to understand legal concepts or has the intellectual capacity to thoroughly analyze the meaning of deed restrictions vis a' vis land useage. These are not simple questions and there are no simple, sweeping answers. It is also worthwhile to consider that some people are motivated by a sense of duty and responsibility to look out for those that are less gifted. This does not imply "situational ethics" but empathy. Yes, we have medieval remnants, but it is also true we have modern compassion...and wisdom. That said, there is still no excuse for allowing "government" of any sort to demand annual tribute in the form of real estate tax. There is no tax more regressive or more punative than real estate tax.

Pubilshed November 03, 2011 by Spider Murgatroyd

Gravatar Of course, if you could demonstrate that some activity on my land is causing a major nuisance or danger to a neighbor such as mining or polluting, then it is possible to place restrictions. My freedoms stop at your door. The issue is when the gov't seizes your land so a developer can place a high income (high tax) property. Or when the gov't charges property taxes year over year in the many thousands of dollars and takes your land when you can't pay. People lose their property all the time over bad financial deals, sorry, caveat emptor. However, this "stick 'em up" robbery by the federal/state/city governments has to stop!

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