Claiming Property Ownership

An agent may justifiably acquire an ownership right to a parcel without consulting others to the degree the assertion of ownership "does not conflict with someone else's more ancient possession of the same object."(67) This is predicated of the perception that every piece of land can be acquired by an "original" owner to the degree that all prospective owners of any land derive from members of an "original community of land." (67) Kant cautions, however, that such acquisition of land is provisional only, to the degree no prior claim is asserted on one hand, or no claim of ownership in the state or community at largewhich means the community of "nature"is asserted on the other. This may be said to explain the popular notion that "possession is nine points of the law," but Kant adds that original acquisition of lands may become subject to the provisions of a civil constitution (i.e., the state). The key for Kant is origin, and Kant would doubtless appreciate the efficacy of the concept of homesteading previously unclaimed land, which over a period of time becomes protected by a civil constitution. A similar implication obtains for the concept of squatters' rights, although this concept has been often inserted into a society whose laws are highly formalized.

Claiming ownership rights in a property requires the owner of the land to assent to the protections as well as obligations of a state, but unless the owner's possession of the land somehow prevents either th

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. On the other hand, reason dictates that on the whole public law will find a way to validate provisional claims of property rights; that, indeed, provides the justification to move out of a state of nature and into an artificially constituted state. The civil state, in this view, provides a moral sanction for claims of justice that originated in a state of nature. As a side issue, Kant suggests that the legal relationships between states have elements of private law because there is no absolute governance of the settling of claims between nations; however, there are also elements of public law in international relations, as embodied in "the Idea of international Law" (311). But Kant's principal focus is on the discovery of the elements of a "juridical condition" that will clarify the relationships between competing claims of individual ownership and between individual ownership rights and the rights of a state against such individual claims. The determination of what portion of his rights in a parcel of land that an owner must give to a public authority is based on the determination of how effectively the authority can guarantee the owner's just claims to the land. An understanding of how this works begins with understand

Category: Government - C