Property ownership : individual rights versus public interest

Abstract

This thesis deals with the fundamental right to own private property, together with the right to use, enjoy and dispose of it in whatever way one pleases. On the other hand, the right to private property is not an absolute right. The State has the power to interfere with this right to property for the needs of the public interest. The individual rights of ownership are therefore restricted yet at the same time protected by legislation which aims to safeguard against abuse by the State. The concepts of ownership and the public interest must first be described in order to demonstrate the way in which they function in the legislation chosen for analysis. The first chapter defines the right of ownership whereas the second chapter examines the notion of the public interest as a restriction on the right to property. The second part of the thesis is an examination of the legislation chosen; that is conservation of property with historical or architectural value and expropriation of property for public purposes. The procedure of scheduling and listing property for conservation is illustrated as well as the process of the designation of conservation areas. In obliging the owners to protect and conserve the heritage value of their property, restrictions are necessarily placed on the development and use which these sites may be subjected to. The other restriction on the right of ownership is that of compulsory expropriation which may be carried out if it is needed for a public purpose and upon compensation being granted. The expropriation process is explained and discussed and finally the fifth chapter takes a look at whether a balance is struck between the private interests and public needs in the two restrictions described. Is the right to ownership of property really upheld as an 'individual fundamental human right' or is this term mere mockery thanks to the power of the State to interfere in 'the public interest'?