Since Colonial times, Americans have put great value on property and land ownership. The connection between personal and economic rights was discussed in the early 17th century and continues to be an important topic in the present time. Property rights are a critical part of building and establishing wealth, and they are the foundation for individual liberty.
When the United States was comprised of the thirteen colonies under British rule, all land was owned by the monarch, who would then have the ability to grant it to lords. The lords would then lease the land to the common people. After the American Revolution, the rules on how land was owned and acquired were modified. Instead of the government owning all of the land, which would later be granted or leased to others, the U.S. federal government would gain ownership of all the Loyalist land that was confiscated and could sell that land to the people of the United States through the Land Ordinance Act of 1785. At this point, the federal government did not have the power to tax the people, so by selling land, it was able to generate revenue. These new policies laid out in the Land Ordinance Act of 1785 and the Northwest Ordinance of 1787 provided a framework for how the territories of the U.S. were laid out, and placed focus on the land rights of citizens. The United States’ real estate market was significantly different from other countries as the US land was alienable, which means you could easily trade it and sell it to others. More significantly, you also didn’t need to come from a high social class to own land, and everyone had the right to own and acquire property.
As America continued to evolve throughout history, the importance of property rights and the need to protect them became much stronger. More safeguards were put in place to protect landowners, and the courts prioritized property rights and the laws related to them. The Supreme Justices at this time viewed land ownership and property rights as keystones to creating a market or capitalistic economy. This new emphasis caused the justice system to look skeptically upon any laws that altered the free market. By 1900, all of the U.S. states recognized women’s property ownership. The law did not entirely make it easy for a woman to become a landowner, as they still faced a variety of different barriers, such as access to credit and banking accounts without a male co-signer. In the 1920s U.S. moved from a rural nation to an urban nation and began a period of intense immigration, industrialization, and urbanization. Cities and states began passing regulations to help with health and safety concerns. Zoning started emerging during this period, as cities were becoming overcrowded and public health disasters began to plague communities. Access to clean water and limited sunlight, and fresh air in apartment buildings in crowded cities also added to America’s growing health crisis. Implementation of zoning allowed for the remediation of some of the above issues.
Today, property rights continue to hold great importance for the majority of Americans. Real estate and land ownership are viewed as symbols of wealth and prosperity. Everyone has the right to acquire and own property and easily trade and sell it to others. People use land ownership to shape the way they live their lives; it’s also a way for citizens to have security and express their freedoms.
