essay on public property

506 Words Essay on proper use of public property

Public properties are what people of a country own and use it jointly. For example, we walk on road, use electricity, public parks and grounds, hospital, libraries, government offices, etc. These are all built with public money that is from the taxes we pay. And the government is responsible for maintaining this property. But it does not mean that people have no role to play in this regard.

If the government is responsible for building and maintaining public property, it is the duty of people to help the government in maintaining it. It costs a lot of money to uild or buys these things and our country is not so rich. Duty increases a little bit more. If we, the people the country do not use these public amenities properly or we destroy them, it will not be easy to replace them, been seen that people use water and electricity lastly, they cause accidents by removing parts of railway and steal or damage bulbs and fans, from railway compartments.

They do not use railway toilet properly. They throw garbage on the road and spit on it while walking. Other people have to suffer because of this antisocial behaviour. Sometimes electric, telephone and telegraph lines are cut and stolen. As a result everyone suffers as communication gets disrupted. It has also been seen that telephone booths, postoffices and letter-boxes are damaged. Benches are stolen from the parks and water sources contanimated, causing numerous problems to others.

Now we will see why people destroy, or steal public property or why they use it carelessly most of the time it has been seen that people destroy it to express their anger and frustration. When people are angry about something they organize a protest, they burn and destroy something. They burn and destory public buildings and buses and stop trains. This causes many problems for other people. As they cannot reach their offices, factories or schools in time, many valuable working hours are lost. This causes great loss to the country.

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We know India is a developing country and whenever such things occur, they slow down its progress. Hence, it is foolish to destroy public property because one is harming oneself as well as the progress of the country. We must know, we have no right to destroy it or use it recklessly or steal it. It (public property) is something we own collectively and use jointly. If we have any grievances or any legitimate demands, we can approach the authorities peacefully. Destruction of public property is no solution of any problem. It only creates more of it.

As good citizens it is our duty to use the public property as carefully as we use our own things. Its misuse causes inconvenience to everybody, including ourselves. We must develop a sense of cooperation in having a comfortable and happy civic life. We all must work together, contribute funds by paying taxes on time and have a sense of responsibility to preserve conveniences which exist for the benefit of all.

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Importance of Protecting Public Property

A property belongs to the government is known as a public property. They are not for the benefits of one person only, but they belong to the whole society. Public libraries, schools, hospitals, religious places, public transport systems are some examples for public property.

What is the attitude of people towards public property in the present society? Many people do not think of public property, and they do not have a sense of protecting them for next generation. That situation creates a huge destruction to the country because the state must spend a large sum of money annually for maintaining public property. It hinders the development of the country as there is no enough investment in development projects.

Therefore, it is the responsibility of every citizen to protect public property for the betterment of the country. How can we protect them? Some people tear seats of buses and trains while they travel by them. It is our responsibility, making them aware of the destruction that they cause. When we see that some children are writing on walls, we must advise them not to do such mean acts. Moreover, protecting public property should be our prime duty in the present society.

Protecting public property means saving our own money. Therefore, as good citizens, let us determine to protect public property of the country. Then we would be able to have a prosperous country in future.

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Public Ownership

Published: 12 February 2024

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Avihay Dorfman 1

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The two questions I seek to address in these pages are what is public property and why does it matter. Public property, like property more generally, is a powerful legal arrangement of allocating control and use rights with respect to resources. Unlike private property, public property does not establish normative powers with which private individuals can shape their practical affairs in and around social spheres such as housing, work, commerce, and worship. Rather, its distinctive value lies in extending autonomous agency to the construction of public spaces and resources. Public property places individuals in a position of collective self-government, manifested in the following two particular ways: first, expressing the ideas and commitments that the political community as a whole affirms; and second, exerting control over the construction and direction of the resources that make up the environment they occupy.

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Property and Government: An Unavoidable Tension

Clash of Modern and Traditional Tenure Concepts: An Overview

Principle and Prudence: Rousseau on Private Property and Inequality

Jeremy Waldron, The Right to Private Property (Oxford: Clarendon Press, 1988), pp. 40–43.

A leading welfarist exposition is Carol Rose, ‘The Comedy of the Commons: Custom, Commerce and Inherently Public Property’, University of Chicago Law Review 53 (1986): 711. The Kantian approach is on full display in Arthur Ripstein, Force and Freedom (Cambridge, Mass.: Harvard University Press, 2009), pp. 261–65; Arthur Ripstein, Public and Private in the Tort of Public Nuisance (unpublished manuscript, May 2022); and in Christopher Essert, Yours and Mine: Property Law in the Society of Equals (unpublished manuscript). The democratic approach to public property is discussed in Elizabeth Anderson, ‘The Ethical Limitations of the Market’, Economics and Philosophy 6 (1990): 179, pp. 195–96; Bonnie Honig, Public Things: Democracy in Despair (New York, NY: Fordham University Press, 2017); John Page, Public Property, Law and Society: Owning, Belonging, Connecting in the Public Realm (New York, NY: Routledge, 2021). There are other accounts of public property, to be sure. Plato and Marx are famous examples. See Karl Marx and Friedrich Engels, ‘Private Property and Communism’, in The German Ideology 51–54 (Amherst, NY: Prometheus Books, 1998); Jonny Thakkar, ‘Moneymaking and Craftsmen: A Platonic Approach to Privatization’, European Journal of Philosophy 24 (2016): 735, 745. Other, more recent discussions of public property can be found in Billy Christmas, Property and Justice: A Liberal Theory of Natural Rights (Milton: Taylor and Francis, 2021), p. 95; Shmuel Nili, ‘The Idea of Public Property’, Ethics 129 (2019): 344; Leif Wenar, ‘Property Rights and the Resource Curse’, Philosophy & Public Affairs 36 (2008): 2, 11–12. I leave these other accounts for another occasion.

There are different types of easements as well as different ways of creating one. The easement at the center of the discussion is called public easement in gross (as opposed to easement appurtenant).

Rose, ‘The Comedy of the Commons’, p. 720.

Ibid., pp. 768, 723.

Ibid., p. 779.

Ibid., p. 768.

Ibid., p. 770.

Anderson, ‘The Ethical Limitations of the Market’, p. 195.

Cf. Elizabeth S. Anderson, ‘What is the Point of Equality?’, Ethics 109 (1999): 287.

Anderson, ‘The Ethical Limitations of the Market’, p. 196.

Ibid. p. 195.

The Kantian account presented in the main text follows the Toronto school of Kantianism. It is not, or not necessarily, the only Kant-inspired theory of property there is. See, e.g., S. M. Love, ‘Communal Ownership and Kant's Theory of Right’, Kantian Review 25(3) (2020): 415–40, 418; Christine M. Korsgaard, The Constitution of Agency: Essays on Practical Reason and Moral Psychology (Oxford: Oxford University Press, 2008), p. 238.

Immanuel Kant, The Metaphysics of Morals , trans. Mary Gregor (Cambridge: Cambridge University Press, 1991), p. 63, [6:237].

Arthur Ripstein, Private Wrongs (Cambridge, Mass.: Harvard University Press, 2016), p. 7, 8. Freedom as independence shares some, though not all, elements of the republican conception of freedom developed in Philip Pettit, Republicanism: A Theory of Freedom and Government (Oxford: Oxford University Press, 1999).

Ripstein, Force and Freedom , ch. 8. Essert, Yours and Mine.

Ibid. See also Ripstein, Public and Private.

Essert, Yours and Mine.

See, e.g., Title II of the Civil Rights Act of 1964, 42 U.S.C. § 2000a. See further Joseph William Singer, ‘We Don’t Serve Your Kind Here: Public Accommodations and the Mark of Sodom’, Boston University Law Review 95 (2015): 929, 941.

Notable decisions are State of Oregon ex. rel. Thornton v. Hay, 462 P.2d 671 (Or. 1969); Matthews v. Bay Head Improvement Ass’n, 471 A.2d 355 (N.J. 1984); Raleigh Avenue Beach Ass’n v. Atlantis Beach Club, 879 A.2d 112 (N.J. 2005); Glass v. Goeckel, 703 N.W.2d 58 (Mich. 2005). See Gregory S. Alexander, Property and Human Flourishing (New York: Oxford University Press, 2018), pp. 180–81; Timothy M. Mulvaney, ‘Walling out: Rules and Standards in the Beach Access Context’, South California Law Review 94 (2020): 1.

For a recent example, see Hanoch Dagan and Avihay Dorfman, ‘Public Nuisance for Private Persons’, University of Toronto Law Journal 73 (forthcoming 2023).

See further Avihay Dorfman, ‘Private Ownership and the Standing to Say So’, University of Toronto Law Journal 64 (2014): 402.

See further Avihay Dorfman, ‘Property and Collective Undertaking: The Principle of Numerus Clausus’, University of Toronto Law Journal 61 (2011): 467, 496–501.

Avihay Dorfman, ‘When, and How, Does Property Matters?’, University of Toronto Law Journal 72 (2022): 81; Hanoch Dagan and Avihay Dorfman, Relational Justice: A Theory of Private Law (forthcoming 2024), ch. 13.

Pettit, Republicanism , p. 5; Ripstein, Private Wrong , pp. 7, 8, respectively.

Indeed, privately-held resources, such as shopping malls and private universities, may even be duty-bound to respect the constitutional rights to free speech of their visitors. See, e.g., Robins v. PruneYard Shopping Ctr., 592 P.2d 341 (1979) aff’d . 447 U.S. 74 (1980); State v. Schmid, 423 A.2d 615 (N.J. 1980). Being duty-bound in this way does not turn such entities to political authorities.

State of Oregon ex. rel. Thornton v. Hay, 462 P.2d 671 (Or. 1969).

Rose, ‘The Comedy of the Commons’, pp. 723–24.

See Raleigh Avenue Beach Ass’n v. Atlantis Beach Club, 879 A.2d 112 (N.J. 2005). Cf. Illinois Central Railroad Co. v. Illinois, 146 U.S. 387 (1892).

See Alexander, Property and Human Flourishing , p. 180.

The discussion in this paragraph draws on Avihay Dorfman and Alon Harel, ‘The Case Against Privatization’, Philosophy & Public Affairs 41 (2013): 67, 86.

Notice that my characterization of privatization is functional, rather than formal. If the outsourcing agreement grants the government an unrestrained right to direct the deliberation and conduct of the contractor then the contractor should rightly be viewed as a governmental entity, functionally if not formally.

See Commonwealth v. Rush, 14 Pa. 186 (1850). Notice that the transaction in the main text does not entitle the buyer to convert the park into a housing area or any other commercial or non-commercial project.

See Avihay Dorfman and Alon Harel, Reclaiming the Public (forthcoming 2024), ch. 1.

See, e.g., Hélène Landemore, Open Democracy: Reinventing Popular Rule for the Twenty-First Century (Princeton: Princeton University Press, 2020); Bailey Flanigan et al., ‘Fair Algorithms for Selecting Citizens’ Assemblies’, Nature 596 (2021): 548.

Another important question concerns the existence of a political space between the traditional local and the national: Are there regions or other in-between spaces that pick out a ‘public’ of their own? For more see, Yishai Blank and Issi Rosen-Zvi, ‘The Legal Forms of Regions’, Theoretical Inquiries in Law 24 (forthcoming 2023).

Jedediah Britton-Purdy, ‘Whose Lands? Which Public? The Shape of Public-Lands Law and Trump’s National Monument Proclamations’, Ecology Law Quarterly 45 (2018): 921, 941.

Ibid., p. 942.

For more see Gregory S. Alexander, ‘Of Buildings, Statues, Art, and Sperm: The Right to Destroy and the Duty to Preserve’, Cornell Journal of Law & Pubic Policy 27 (2018): 619, 647–51.

Sanford Levinson, Written in Stone: Public Monuments in Changing Societies (London: Duke University Press, 2018), p. 31.

On the emotion-laden potential of public display of art, see C. Thi Nguyen, ‘Monuments as Commitments: How Art Speaks to Groups and How Groups Think in Art’, Pacific Philosophical Quarterly 100 (2019): 971.

Stephen Carr et al., Public Space (Cambridge: Cambridge University Press, 1992), p. 3.

See, e.g., Packingham v. North Carolina, 137 S. Ct. 1730, 1737 (2017).

The classical account, according to which the medium is the message, is Marshall McLuhan, Understanding Media: The Extensions of Man (New York: New American Library, 1964), p. 7.

See Honig, Public Things , p. 4.

I borrow and modify the idea of public autonomy as it has been developed in Jürgen Habermas, Between Facts and Norms , trans. William Rehg (Cambridge: MIT Press, 1996). According to Habermas, public autonomy is identified with democratic legitimacy: ‘only those statutes may claim legitimacy that can meet with the assent of all citizens in a discursive process of legislation that in turn has been legally constituted’. Ibid., p. 110. On my account, by contrast, public autonomy makes no essential reference to assent (actual or hypothetical).

See Dagan and Dorfman, Relational Justice: A Theory of Private Law , ch. 3.

Avihay Dorfman, Conflicts between Equals: A Vindication of Tort Law (unpublished manuscript).

See further Hanoch Dagan and Avihay Dorfman, ‘The Human Right to Private Property’, Theoretical Inquiries in Law 18 (2017): 391; Hanoch Dagan, A Liberal Theory of Property (New York: Cambridge University Press, 2021).

It may not be true, however, with respect to having a say over whether to prohibit any owner from disseminating political ads in the building’s lobby. I assume that control rights over the condominiums’ common facilities are typically less dramatic than that.

It is telling, in my view, that in response to the charge that a certain religious display on federal land violates the Establishment Clause, U.S. Congress has conveyed the cross and the land on which it stands to a private party. See Salazar v. Buono, 559 U.S. 700 (2010).

On the responsibility of owners qua owners, see Avihay Dorfman and Jacob Assaf, ‘The Fault of Trespass’, University Toronto Law Journal 65 (2015): 48.

See further Dorfman and Harel, Reclaiming the Public, ch. 5.

The university, properly conceived, is a case in point.

John Rawls, The Law of Peoples (Cambridge, Mass.: Harvard University Press, 1999), p. 63.

Acknowledgements

This article has benefited from responses received at the 2023 Group Ownership Workshop at the University of Toronto and the 2023 Progressive Property Workshop. I would like to thank the participants in these occasions. I would also like to thank Debby Becher, Bethany Berger, Billy Christmas, Hanoch Dagan, Rashmi Dyal-Chand, Chriss Essert, Alon Harel, Doug Harris, Ronit Levine-Schnur, Shelly Kreiczer-Levy, Suzie Love, John Lovett, Hanri Mostert, Tim Mulvaney, Manish Oza, Marc Roark, Yara al Salman, Konstanze von Schütz, Nicholas Vrousalis, Rachel Walsh, and two anonymous Law & Philosophy Reviewers for helpful comments on earlier drafts.

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Private and Public Property Essay (Critical Writing)

1. introduction.

Private property is a property owned by a single person or by a group of persons joined voluntarily. Public property is a property owned by the government or a government corporation. Private property may consist of real property, personal property, or intangible property. Muslim jurists have agreed that the right to private property is a basic right to be protected by the state, since it allows an individual to satisfy his needs, to flourish as a human being, and to fulfill his potential. It is a well-established fact in Islam that the individual is a trustee of his wealth and not its owner. This means that while he utilizes his wealth, he must do so in a lawful manner not harmful to the society at large, and he is to use it for constructive purposes. The state has the power to place restrictions on the utilization of private property or to use it for specific purposes; this is known as eminent domain. One form of utilizing private property is the contract with an individual or a company to carry out a specific task. In this situation, there will be a transfer of a portion of private property to the contracting party called a license. Public property may also be transferred to an individual or a company to utilize, but the transfer is strictly regulated by Islamic law, and there are specific methods of transfer. The utilization of public property can occur without transfer if it is damaged or destroyed by harmful pollutants. In the case of pollution to air, freshwater, or saltwater, the pollution is removed using the easiest and least expensive method, and the polluter must bear the cost.

2. Private Property Rights

Private property rights are the oldest universally recognized institution for allocating resources to their most efficient uses. It, and the economic system, are the oldest universally recognized institution for allocating resources to their most efficient uses. It, and the economic system it provides, give a powerful incentive for conserving resources and using them in the most efficient way. The efficiency, or aggregate wealth produced, is not the only criterion for judging an economic system, but it is usually a necessary condition for the satisfaction of other human needs or wants. And this system provides means for translating changes in people's wants and technology into changes in the optimal patterns of resource use. In addressing the importance of private property rights, their definition is first necessary. A private property right is a socially enforced decision-making rule that allows persons to exclude others from resources that they own or control. It has been argued that ownership is the right to accumulate a certain set of uses, decision-making authority, and residual benefits. Where ownership is not well-defined, access is impeded and control by the owner over the resource. There is little incentive to use the resource effectively. Control is lost when an owner is forced to allow others to use his resource in ways that conflict with his intentions. Access and control can be denied even if it is not physically possible to exclude all others from the resource. Where the right to control is uncertain, those who would use the resources are willing to bribe the owner for permission to use or gain influence over him, or simply ignore his wishes. The result is effectively a tragedy of the commons in which conflicting uses arise. As the right to use and dispose of resources is defined more closely, situations are created in which certain activities are off-limits. For the owner of the resource, it is useful to know that others may be willing to pay so that he may not engage in the activity in question to obtain money from them. The right to exclude becomes essential when the resource is to be used in a contract with someone else. Considering that ownership of a resource is the right to determine all of its uses until a time when ownership is relinquished, the party seeking to hire the resource today often finds that it has been used by others in ways not compatible with his plan for the resource. Finally, as an individual decides to use his resource in trade or productive endeavor, the right to immunity from others' use of the resource that conflicts with the intended use becomes important. This right too would be useless if its exercise at a later time left open an opportunity for others to claim the resource in question. Private property rights have many benefits, but the most important is the provision for resource owners to internalize externalities. An externality exists when a resource user does not bear the cost (or benefit others) by his use of his resource. If the foreign cost is greater than the occupant has lost the property, an uninvited action, but the owner of the resource is essentially become no one responsible for the damage. The damaged party has no uninvited tortious remedy to stop the activity, and if its same more effective simulation would not they would be many cases it must be assumed that there is constraint with this state of affairs. It has often been argued that estimates the costs of all others on a public good and seizes his the need to prevent price regulation. The result is liability and finance alternatives, the most effective being a. By extending the range of private property, it is possible to internalize many still, but the most of one resource another could off. Each lose two or there a new until through hiring. This developing economics fishermen commonly, i.e. it the common piece declining is environmentally of knowing that he will be able to use his resource in.

2.1. Definition and Importance

Property is often defined as the rights of a person with respect to a thing. The significance of private property has been de-emphasized in the course of the present century, and especially the final few decades, and is demonstrating to be damaging in the excessive to the promotion and protection of human rights and individual liberty. Locke believed that the right to private property is a right to something to which a person has mixed his labor with – that is, something on which a person has clearly worked. Both international and national law govern the acquisition, use, and protection of private property, the main purpose of which is to ensure that the property interests of one person do not harm the property interests of another person. This subject in itself is huge and I will not delve deeply into it. Private property is considered mainly as a means, rather than as an end in itself. Socialists want to take your property to use as a means to add income to the state's coffers or to realize their individual vision of reordering society. With the ever-increasing difficulty in being able to acquire wealth, there exists a concern in protecting the liberty of individuals to spend their money as they want and to protect from loss the things that they obtain by using that wealth. Loss or damage of the property is often felt as a taking away from the owner of the liberty which was spent in acquiring it. National laws on taking and torts to property vary and it's beyond the scope of this essay to look more deeply into this issue. But the importance of both this direct and indirect taking of property to individual freedom and economic welfare must be emphasized.

2.2. Historical Perspectives

Perhaps the most controversial issue in the realm of private property rights is that of the very legitimacy of private property, and how it came to be established. While libertarians have always provided more of a philosophical account of the origins of private property, recent work that has been done by historians provides an alternative view. Essentially, most libertarians argue that private property was established as a natural progression from mankind's original state of nature. Thomas Hobbes explained that in the state of nature, the life of man was "solitary, poor, nasty, brutish and short". Locke and other libertarians take a more optimistic view of the state of nature, and argue that private property could come about without coercion. Locke explained that man has a property in his own person; and that it was by mixing his labour with the land and removing it from the common that would establish ownership. Locke was referring to small scale agriculture, and it is certainly the case that the vast majority of land throughout history has been claimed by avoidance of unused land by nomadic or primitive agricultural societies. This has all happened without a state to enforce property rights, but recent historical research has uncovered evidence to suggest that this was not a state of anarchy as is popularly supposed, and the transition to an agrarian state was one with violent conquest and one where the losers were effectively enslaved.

2.3. Limitations and Controversies

This concept creates an essential boundary which divides the rights of any individual to use, manage, or transfer resources to others into two categories: private and public. An item of private property or its ownership may be protected by the owner's right to exclude others from using the property. The owner of public property holds the resources for the benefit of some other members of the society. The distinction is important because of the efficiency which may be applied to resource management, which varies greatly depending upon whether the property is public or private. The tragedy of the commons and open access resources are examples of such public properties which succumb to inefficient use and management. When considering whether allocating resources to make private property is beneficial with respect to resource management, it may be necessary to further define the terms of private property and public property. When compared to private property, public property is any resources that are owned by an identified governmental body, a commonwealth of individuals, or a formal or informal public group. This includes property that is owned by one person but is administered by a public or government body. Step two is to determine whether the allocation and definition of property rights to convert these resources to a state of pure public property to resources it to state private property is a viable policy with respect to the welfare of individuals involved and the aimed efficiency of resource. This ultimately determines any possible changes in policy between the allocation of private property to public and vice versa. Commons are resource units or natural resources with a low degree of (or a very high cost) divisibility. These are often public property but are subject to deterioration and depletion and also abuse due to a poor means of regulation and resource management. This can lead to a situation known as the tragedy of the commons where individuals using the resource act independently according to their own self-interests, which is in conflict with their common good, thereby reducing resources to a low or unusable state.

3. Public Property Rights

It is a common understanding that public property is the property of the people. However, 'the people' cannot directly own property, and thereby it means that public property is state or government property. All persons, whether individually or in groups, have some degree of interaction with public property. They often walk on public sidewalks, drive on public streets or swim in public lakes. The relationships of persons to public property are often similar to the relationships of persons to property owned by governmental units, although in many instances it is difficult to draw a line between public and private property. For example, the postman who walks across another's lawn to deliver mail in a mailbox placed near the door of the house is entering into an area where the line is blurred. Nonetheless, it can still be commonly understood that if an area is owned and maintained by the state, it is public property. It is also a general understanding that the public has a collective right to access and utilize public property. It can be observed that road signs impose regulation and restriction on the use of such property. In fact, a recent regulation has banned smoking in pubs and clubs in Melbourne, Australia to make clearer the distinction between public and private property rights by essentially making all indoor licensed venues private property due to the fact that they prevent the general public from utilizing it in various manners. Despite this, it has become increasingly difficult and sometimes confusing to define public property rights because there is now an intersection with private enterprise. An example is public parks. They are undeniably public property and the public has a right to utilize them, yet some parks are now 'sponsored' by large companies and have signs indicating that maintenance of the parks is carried out by the said company through some sort of tax-deductible charity.

3.1. Definition and Purpose

The purpose and definition of public property right is a sort of obligation or duty of the government towards society. This concept of public property right has existed since the availability of public property. It is natural that when individuals are living in society, they also have common interests beside their personal interests. The property on which the welfare of individuals depends is called public property. The concept of public property right is just linked with the welfare of society, and it provides an opportunity for the utilization of public property in a better way to fulfill the needs and desires of society. But at the same time, there are various incidents throughout history which prove that the misuse/abuse of common property has caused suffering or loss to the society and its members. Usually, the public property is transferred into private property for various reasons, and it becomes difficult for the government to stop such types of unauthorized transfers and to maintain & control the public property. So, it is necessary for the government to define, protect, and maintain the public property for the good of society and its members. Public property right is a complex of rights and duties of the government on the one hand, and rights and interests of the individuals on the other hand, in public property. This concept of public property right has evolved from the concept of sovereignty of the state, that the state is a sole authority within a political boundary, and it has absolute and supreme power to take decisions and actions in any matter within its territory. In the modern world, it is necessary to ensure that the use of state authority does not result in an undesired change of public property into private property, or create any extra burden on the public. The government is a trustee of public property, and it has a moral obligation towards the public to fulfill social welfare. The state has specific legal and constitutional power regarding public property, and sovereign immunity is available to protect public property from adverse possession and prescriptive rights. On one side, there are various rights and interests of the individuals regarding the use of certain public property, and it may be in the form of maintaining a common facility or using state property in the course of employment. But there are incidents in which excessive rights of individuals have caused detrimental effects on the public property. The government also has to deal with public property belonging to immature, insane, or untraceable owners, and it must ensure that such property will be used for the purpose of the welfare of its true owner.

3.2. Government Control and Management

Government control and management of public properties has occurred since the Malacca Sultanate and has continued through the colonial era to the present day. During the Malacca Sultanate, these properties were well documented by the king of the time. The problem that arose here is more related to the legitimacy of public ownership rights at that time. Although it is associated with crown land, the Sultan in the past had his own property for personal purposes, and the management of public property at that time was more focused on war efforts. After the spread of colonialism in our country, especially during the British era, the effectiveness of government control and management of public property became intrinsically linked through the application of land laws. The application of the Torrens system, which provides evidence of the last written law affecting the issuance of land grants, is evidence of title. This system has been regulated through the National Land Code 1965, which provides a form of land registration and the method of dealing with various interests in land. The emphasis here is to provide certainty regarding ownership, and it will lead to a better understanding of the nature and concept of public ownership of state land in relation to the responsibilities of the government as the proprietor under Article 74 of land resources. In the case of Tan Tek Seng, State of Penang v M/s Leong Yee Keong, Section 33 of the National Land Code 1965 states that registered land cannot be disposed of or transferred in any manner except as specified by the code. In the case of government land, it can be transferred to any agency for development in the public interest, and this can be seen through the provisions of Article 3 of the Land Code. An attempt to clarify certain provisions on how the alienation of government land has been made by the government through an amendment in 1984, which provides a distinctive title "Alienation of Land Amanah" and "Alienation of Land Pinjawatan".

3.3. Public vs. Private Property Rights

Public property may be described as any asset, piece of land, or goods owned by the commonwealth, government, or government institution directly or indirectly for the benefit of the whole society. Public properties are protected and regulated by the government, and the government has the full authority to allocate and utilize public properties. It promotes and protects the interests of the general public. Normally, these properties are land, parks, roads, libraries, public schools, hospitals, museums, and other infrastructures. The principles controlling public assets are generally more rational and more capable of practical enforcement at a low cost than those that control private property. The use and management of public properties always bestow the purpose of exposition within a framework of sustainable development so that the coming generation is also able to enjoy the same benefits that the current generation is enjoying. The contrast between public and private properties lies in the level of needs or satisfaction to the community. Public properties often bear the needs with universal or minimum standards that are related to comfortability and need to be realized by the people and their formal encounter with their surroundings. For that matter, it is the government that decides the needs, uses, and satisfaction and there might be less economic value of public lands and assets compared to private land based on a subjective point of view. This leads to the scope of the government deciding to allocate public land and assets effectively with the concept of land utility and always wanting to avoid the large opportunity cost.

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Towards an understanding of public property

Related Papers

Shmuel Nili

Political theory lacks a compelling account of public property. Addressing this gap, I present a " deep public ownership " model, according to which the body politic ultimately owns all the resources within its jurisdiction. I argue that this model is compatible with liberal intuitions regarding private property. I then contend that the model expands the scope of government's duty to uphold the equality of all citizens, by challenging private property constraints on anti-discriminatory government policies. I anticipate the worry that the model supports excessive government intrusion into private affairs, and close by discussing abuse of public property by elected leaders.

David Correia

Western American Literature

April Anson

In the United States what constitutes "public lands" has never been stable. Notions of the public and their commons were a fickle matter of political contest and power relations before the beginning of what is currently called America. This article takes two examples of contemporary debates over public lands as paradigmatic case studies for the ways apocalyptic appeals populate and naturalize the “settler commons” across the spectrum of US politics (Fortier). Through the comparison, it finds a convergence in what are often seen as irreconcilable differences between leftist environmentalisms and libertarian land-use logics. Apocalyptic depictions of the coming or in-progress collapse of the commons naturalize a space that both white environmentalists and white nationalists share. It then turns to apocalyptic imaginations of public space beyond the settler commons, concluding in a tentative example of the commons as indeed not static, not settled, but as an invitation to ongoing practice-based relationships of responsibility that require some of us--like me--to learn in public. Public lands, I find, are the spaces in which we are held accountable to very particular publics. In the patois of pithy prose, public lands are a verb.

Springer eBooks

Amanda Byer

Development and Change

Craig Johnson

It would not be a great exaggeration to say that scholars of environmental conservation and conflict have re-discovered the institutional foundations of social and economic life. At the heart of this ‘renaissance’ is the belief that property and property relations have a strong bearing on how people use, manage and abuse natural resource systems, and that institutional arrangements based on the creation and management of common property can have positive impacts on resource use and conservation. Two bodies of thought compete for a voice in this literature. One, which aims to resolve Hardin's tragedy of the commons, is primarily concerned with the problem of encouraging collective action to conserve resources that are both depletable and unregulated. A second, influenced by notions of moral economy and entitlement, deals with the problem of creating and sustaining resource access for poor and vulnerable groups in society. This article argues that the literature on common property has become divided between a body of scholarship that uses deductive models of individual decision-making and rational choice to explain the ways in which different types of property rights arrangements emerge and change over time, and one whose questions, aims and methods are more modest, and historically-specific. It then aims to understand this evolution by situating the mainstream common property discourse in the wider intellectual trend of positivism, methodological individualism and formal modelling that has come to dominate social science in the United States. In so doing, it attempts to unravel the political and ideological foundations of what has come to be a dominant mode of understanding environmental problems, and solutions to these problems.

thanh danh vũ huỳnh

UCLA Law Review Discourse

Alyosha Goldstein

Not-guilty verdicts, mistrials, and impunity for the Bundy family and many of their supporters in the armed confrontations over public land use in Nevada and Oregon. Expanded access for private oil, gas, mining, and logging industries and the downsizing of national monuments such as Bears Ears lead by Secretary of the Interior Ryan Zinke. A number of highly contentious debates and sensationalized events have again focused attention on land held in the public domain by the United States. This essay argues that federal land policy as a form of colonial administration has been constitutive for the logic of expectation as property in what is now the United States. From the state land cessions negotiated on behalf of the Articles of Confederation to the preemption acts (1830–1841) to the homestead acts (1862–1916) to present-day demands for land transfer, the acquisition and disposal of the so-called public domain have been central to westward colonization, the consolidation of the nation-state, and the promise of land ownership as the ostensible foundation of individual liberty. These dynamics are evident in contemporary conflicts over public lands and arguments for the transfer of public lands to either state or private ownership. Approaching the Bundy occupations as flashpoints that illuminate competing interpretations and claims to land within the history of westward colonization, this essay seeks to demonstrate the ways in which expectation emerges from particular economies of dispossession of indigenous peoples that have historically worked through and across the division of public and private property.

Environment and Planning D: Society and Space

Paul Gilchrist

Through a theoretical and empirical consideration of gift exchange, this paper argues that those with legal interests in land have constructed property relations around a claim of reciprocity with nature. This has been used to legitimate the ways in which they have deployed their property power to exclude others, thus seeking to retain their dominion over both humans and non-humans. In so doing, however, such interests have failed to understand the dynamic of gift relationships, with their inherent inculcation of subject and other, to the point where the exercise of power becomes contingent on the continued hegemony of property relations. Using the politics of recreational access to inland waters in England and Wales, the paper shows that power – over both humans and non-humans – is temporary and conditional in ways that are not fully theorised in most contemporary debates about property rights and their deployment on non-human subjects.

Urban Geography

Anna Minton

Jean-Pierre Jacob

An essay on the fundamental duty to safeguard public property and to abjure violence

In our democratic set up the citizens have been provided certain constitutional rights and duties to live with dignity and honour. One of the duties is to safeguard public property and abjure violence. This essay covers that aspect in detail.

Introduction

Role of government, the destructive minds, role of citizens.

It is the fundamental duty of all citizens to safeguard public property. But unfortunately, many people think that destroying them is our fundamental right. In fact, many of them even don't know about fundamental duties but are aware of the fundamental rights. In any agitation, the loss will be to the buses of State road transport corporation only. During my high school days, there was a big agitation for a separate Andhra State. The students were involved. The goons with the political support did great damage to the public property. But the police arrested the students and sent them behind the bars. If the public property is damaged the government has to repair or repurchase their assets and for that they will increase the taxes and this fact is not recognized by many of these people. If all the people unite and decide not to destroy the public property, there will be a lot of saving to the government and we will not have to pay the penalty. This fact should be known to all people. The main problem in India is that the political parties and the leaders never care for the country but concentrate more on their personal well being only.

Dr Rao, you are very correct that until the citizens take care of the public property as their own property we will not be able to safeguard the public property from the bad elements. Each and every citizen has to contribute in protecting the public property. Then only our nation can progress and prosper ahead.

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Property Rights and the Tragedy of the Commons

Guest post by Jonathan H. Adler, a professor at the Case Western Reserve University School of Law and regular contributor to the Volokh Conspiracy .

Thanks to Megan for inviting me to spend some time over here. As she mentioned, much of my work focuses on environmental law and policy. I also do a fair amount on "administrative law" more generally (aka the law governing administrative and regulatory process), structural constitutional law (aka federalism and separation of powers), and the Supreme Court. Much of my academic work can be found on my SSRN page . While this first post will discuss some environmental issues, I expect to touch on these other subjects as well, particularly since The Atlantic has given me some of the credit (blame?) for marshaling legal arguments against the constitutionality of the individual mandate.

Much of my environmental work cuts against the traditional pro-regulatory grain of contemporary environmental law and policy. There have been significant environmental gains in many areas over the past fifty years, and traditional regulatory strategies deserve some of the credit, but modern environmental regulation is hardly a model of efficient governmental intervention. What, then, should we do differently? To answer this question it's important to think first about the nature of environmental problems, as our diagnosis of the problems will influence our choice of remedy.

The way we think about environmental concerns was heavily influenced by Garrett Hardin's seminal 1968 essay on "The Tragedy of the Commons." In this essay, Hardin described the fate of a common pasture, unowned and available to all. As Hardin explained, in such a situation it is in each herder's self-interest to maximize his use of the commons at the expense of the community at large. Each herder captures all of the benefit from adding one more animal to his herd. Yet the costs of overgrazing the pasture are distributed among every user of the pasture. And when all of the herders respond to these incentives, the pasture is overgrazed -- hence the tragedy. As Hardin explained it, the pursuit of self-interest in an open-access commons leads to ruin. Without controls on access and use of the underlying resource, the tragedy of the commons is inevitable.

Hardin's essay is tremendously important, not so much because he discovered the commons problem -- others had documented this dynamic before -- but because he popularized a useful way of thinking about many environmental problems. As Hardin explained, the metaphor of the commons can be applied to virtually any environmental resource. Instead of a pasture we could talk of a herd of animals, a fishery, a lake or even an airshed. In each case, the underlying economic dynamic is the same, and if access and use are not limited in some fashion, over-use is inevitable as demand grows. [A quick caveat: What Hardin called the "commons," is more properly described as an open-access commons, as there are some resources that are owned or managed in common that do not suffer the tragedy because they are subject to community management of some form or other, but the central point stands.]

Hardin's diagnosis is often identified as a rationale for prescriptive regulation Hardin famously termed "mutual coercion, mutually agreed upon." This was his way of describing those regulations we adopt to keep a common resource of any sort from befalling the fate of an open-access commons, and it's largely the path we've followed in environmental policy for the past fifty years.

Administrative regulations have produced some gains, but also many failings. Our air and water are cleaner today than forty years ago -- and substantially so -- but many ecological resources are as threatened now as they ever were. Federal environmental regulation was not the savior many think, and many environmental regulations actually get in the way of further progress. The imposition of land-use controls under the Endangered Species Act, for example, discourages effective conservation on private land.

One thing that Hardin overlooked is that the political process often replicates the same economic dynamic that encourages the tragedy of the commons -- a dynamic fostered by the ability to capture concentrated benefits while dispersing the costs. Like the herder who has an incentive to put out yet one more animal to graze, each interest group has every incentive to seek special benefits through the political process, while dispersing the costs of providing those benefits to the public at large. Just as no herder has adequate incentive to withhold from grazing one more animal, no interest group has adequate incentive to forego its turn to obtain concentrated benefits at public expense. No interest group has adequate incentive to put the interests of the whole ahead of the interests of the few. The logic of collective action discourages investments in sound public policy just as it discourages investments in sound ecological stewardship. This, in addition to the pervasiveness of special-interest rent seeking , explains many of the failings of centralized regulation. So despite the environmental gains of the past half-century, real challenges remain, and the tragedy of the commons is still with us.

Administrative regulation has been the dominant tool in environmental policy over the past half-century, but it was not the only prescription Hardin offered. What many forget is Hardin actually offered two prescriptions for preventing the tragedy of the commons. "Mutual coercion, mutually agreed upon" was one approach; but Hardin had another. In the alternative, Hardin suggested that greater reliance on property rights was a proven way to prevent the tragedy of the commons. As he explained, the tragedy of the commons "is averted by private property or something formally like it." Indeed, Hardin suggested this was one of the primary functions of property in land.

As Hardin recognized, where property rights are well-defined and secure, the tragedy of the commons is less likely for each owner has ample incentive to act as a steward, caring for the underlying resource and preventing its overuse, both for themselves, and others who may value the underlying resource. In this way, the institution of property rights "deters us from exhausting the positive resources of the earth."

Hardin was not altogether sanguine about the potential for property rights to avert the tragedy of the commons in many areas because he feared it would be too difficult to define and defend property rights in threatened ecological resources, particularly against the threat of pollution. It's one thing to post and fence private land. Quite another to demarcate property rights in air or water. Yet there is far greater potential here than is commonly realized. Enhanced technologies and greater understanding of ecological conditions make it possible to conceive or property rights today where once they were the stuff of ecological fantasy.

Pursuing the identification and expansion of property rights in ecological resources will be difficult, but the potential benefits are large. We understand the importance of property rights for economic prosperity, but we are also beginning to understand the importance of property rights for ecological sustainability. What we're learning is that where property-based institutions can be adapted to ecological resources more sustainable practices tend to result (and in my next post I'll provide a concrete example).

The importance of property rights for environmental conservation is not a new idea. It lay at the core of the early American conservation movement. After all, it was the institution of property rights that enabled the first Audubon Societies to post private reserves to protect birds from hunters who sought to collect their feathers for women's hats. It was the institution of property rights that enabled Rosalie Edge to turn Hawk Mountain from a hunting ground into a bird sanctuary. It is the institution of property rights that allows land trusts large and small, from the American Prairie Foundation to the Western Reserve Land Conservancy to protect precious places. The need to day is to keep moving beyond property in land and adopt property institutions to a wider array of ecological resources so that property institutions can have the chance to succeed in those areas where mutual coercion, mutually agreed upon has failed.

public property

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Public property refers to property owned by the government (or its agency ), rather than by a private individual or a company. It belongs to the public at large. Examples include many parks, streets, sidewalks, libraries, schools, playgrounds that are used regularly by the general public.

Compare: private property

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The importance of protecting public property

Dasarath Raketh,

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Geography and the Analysis of Public Property Essay

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Geography facilitates the evaluation of land in terms of its use and planning by providing a framework for the analysis of history, laws and practices relating to both the private and public land. Data on the history and legal aspects of land determines the impacts of various factors such as government’s regulations that influence patterns of land development.

Thus, geography is a crucial tool in the determination of outcomes relating to the struggles on public property. The use of geographic techniques in the analysis of public property provides a clear overview on matters of land planning, regional planning and strategic planning in the scope of economic development, infrastructure, human services and law enforcement.

The location of business entities depends on the availability of major resources. In this regard, a geographer can help to create a distinction between the ownership of land and associated buildings thus mitigating instances of firms and individuals manipulating the use of land (Blomley, 2007).

The lack of proper distinction on various forms of utilization of public property limits the scope of analyzing the use of public property. The designation of geographic space ensures that various forms of land utilization do not infringe on the interests of members of the public. Planning ensures that business premises do not curtail opportunities essential to members of the public.

The regulation of the construction and expansion of businesses entities and residential communities through zoning ensures that all development activities adhere to land boundaries. Zoning protects public facilities from encroachment by prohibiting investments in the protected areas. Furthermore, zoning maintains the distinction on residential, commercial and industrial areas. In this regard, private developers cannot establish business premises in other areas apart from the commercial and industrial areas.

When decisions on land utilization require consent by the state administration, entrepreneurs and citizens, patterns of land development adhere to the efficient utilization of resources. A geographer can regulate parties interested in various development projects to work within a framework that demands all parties to have access to the information regarding a proposed development project (Blomley, 2007).

In this regard, government, entrepreneurs and citizens have enough time to analyze the scope of investment intentions and determine the effects of the proposed investments. Legal tussle relating to land utilization arise due to lack of records that describe geographical spaces during planning of land and its associated buildings.

In this regard, improper geographical documentation creates loopholes for individuals and groups to encroach on public property. Details on geographic spaces create awareness on designated public areas and thus eliminate the tendency to use public utilities for personal gains.

A geographer can ensure that a development project is subject to a referendum that incorporates the decisions of all concerned parties. By making records on geographical space available to the public, the geographer limits individuals and groups from manipulating public property to serve their personal interests.

In this regard, the use of public property to serve personal interests will become unattainable due to opposition from members of the public. Furthermore, geography ensures proper documentation of plans on utilization of public property so that the state administration, entrepreneurs and citizens have a proper understanding of the impacts of proposed investments.

Inadequate information on public property creates ambiguity regarding designated residential, commercial and industrial areas. In this regard, a business enterprise may expand into a public property without attracting concerns from members of the public. Proper documentation of geographical space ensures that entities remain within their designated area.

Any attempts to expand must incorporate the consent of the state administration and citizens. The role of a geographer in protecting public property includes the sustenance of access routes. The documentation of roads leading to areas such as public parks ensures that commercial and industrial projects do not cut off access to any public property.

Geography plays a key role in the implementation of laws relating to the use of public property. The jury decides on cases regarding land-use depending on the details of the geographical space of interest. In this regard, adequate information on a geographical space ensures that legal restrictions can rebuff any encroachment attempts. However, the failure to document a geographical space increases vulnerability of public property to encroachment.

The implementation of zoning laws grants geographical spaces an aspect of legality so that attempts to manipulate a zoned area have legal consequences. Once the court recognizes an area depending on its designated use, attempts to manipulate the legal framework on assertions that putting a public property under commercial use will benefit an area in terms of economic benefits will be futile.

A geographer promotes the democratic use of public property by creating a framework that ensures there is no prioritization of access to utilities such as recreational parks based on individuals’ socioeconomic status. In this regard, geography eliminates the control of public property by individuals or groups with personal interests. Planning on land utilization ensures that decisions on geographical areas require collaborative efforts that incorporate the views and concerns of the state administration, entrepreneurs and citizens.

Blomley, N. (2007). Legal Geographies—Kelo, Contradiction, And Capitalism1. Urban Geography, 28 (2), 198–205.

Blomley, N. (2007). Civil Rights Meet Civil Engineering: Urban Public Space and Traffic Logic. Canadian Journal of Law and Society, 22 (2), 55-72.

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Essay on Vandalism: Causes, Effects, and Solutions

Essay on vandalism for students 150 words.

A deliberate damage that is done to a private or a public property without a purpose is vandalism. It may cause enormous negative effects to victims and societies. Some adults, teens and some extent kids are vandals.

Vandalism is done due to different reasons. Vandals sometimes destroy communication and electricity lines and put the people in trouble. The causes to do these acts may be anger or jealousy against some community. Otherwise, it is done just for fun or as a result of wrong socialization. The glass windows of vehicles or buildings are broken. Why? It is possible, the vandals may enjoy the sound of smashing glasses. Puncturing tires of vehicles, kicking someone's properties are also sone acts vandalism.

Graffiti are writing, drawing or painting on walls or other surfaces, which is often done within public view. Some people consider it as to be an art form. Anyway, that is also vandalism.

Essay on Vandalism for Students 300 words

Moreover, they do crimes like uploading bad posts, videos and so on to social media. Hacking other ' s email accounts is also a very common vandalistic act. These are also done due to anger, jealousy or ignorance etc. For example: Sometimes, bad videos and posts are uploaded to internet over broken love affairs or jealousy. Email accounts are hacked just for joy.

However, it is reported many victims have lost their businesses and affairs. Some people including many school girls have committed suicide. Other thing is the victims have to spend much money for cleaning up and repairing.

In order to stop vandalism some people set CCTV cameras, put signs saying not to damage their properties, inform police to get the vandals before law and so on. This menace cannot be eradicated, but controlled.

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Let’s protect public property-(පොදු දේපල රැක ගනිමු)

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Everyone takes good care of their personal property. Be careful. But in general, they do not care about or care about the property that belongs to everyone. School Bus Train Free School Books School Bank Building Hospital Government Institutions All these are public property. Preserving them is a good process that we do ourselves. If not, it is necessary to restore the property from destruction. Money is also spent on taxes we collect from ourselves. That is something we are often unaware of.

The destruction of a country’s public resources also delays the country’s progress. Because of that unnecessary waste of money. On several occasions, our fellow students on the bus and train break down the seats. Stripes make songs ugly. Poster billboards against those who destroy these common things Set up and let everyone know. It should be noted that the people who destroy public property are traitors to the despicable land. Teaching a lesson through it is useful for the future without destroying public property Let’s save them. Then we can be happy that we saved the country.

S.A. Heshan Madhusanka Velapura Navodya Maha Vidyalaya

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Sandata Yaamata sinhala essay From my childhood I heard that the Americans went to the moon and returned safely. The...

Free Trade Zone-(නිදහස් වෙළද කලාපය)

Nidahas Welada Kalapaya sinhala essay The Free Trade Zone is a great help to boost the economy of our country....

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Medicinal drinks improve our health-(ඖෂධීය පාන අපේ සෞඛ්‍යය වර්ධනය කරයි)

The environment around us and our health-(අප අවට පරිසරය හා අපේ සෞඛයය).

Temple of the Tooth – Grade 8

The computer and the life of the people

Let’s protect public assets – grade 6.

Values and principles

Simple Idea…

Real and movable property, commonly used by everyone in society, is known as public property. Every person has their right. Transport and transport are services provided by bus and train. Highways, bridges, culverts and signage boards are common property that facilitate transportation and transportation. Temples, churches, and temples provide a religious heritage. Therefore, good people are born in the society. Similarly, government hospitals, government schools and other government institutions provide us with many facilities and services.