Public Rights

Abstract

A common argument in support of limitations on the use of private property is that particular uses infringe upon public rights. In making the argument, it is generally implied, if not expressly stated, that public rights take precedence over any conflicting private rights. It is sometimes also claimed that public rights both limit otherwise legitimate governmental actions and mandate untaken governmental action. Thus the concept of public rights is at once complex and potent. Public rights are said to trump both private rights and public acts while also requiring particular public actions. Indeed, it is sometimes claimed that public rights mandate particular private actions.