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Property Law and Real Estate

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University of Washington School of Law

Journal

2000

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Full-Text Articles in Law

The Myth Of Property Absolutism And Modern Government: The Interacation Of Police Power And Property Rights, Philip A. Talmadge Jul 2000

The Myth Of Property Absolutism And Modern Government: The Interacation Of Police Power And Property Rights, Philip A. Talmadge

Washington Law Review

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.