The Law Class (1 of 1)

“We have repeatedly held that, as to property reserved by its owner for private use, "the right to exclude [others is] `one of the most essential sticks in the bundle of rights that are commonly characterized as property.' " Loretto v. Teleprompter Manhattan CATV Corp., 458 U.S. 419, 433 (1982), quoting Kaiser Aetna v. United States, 444 U.S. 164, 176 (1979). “ [Nollan v. California Coastal Comm’n, 483 U.S. 825 (1987)] “In this case, we hold that the "right to exclude," so universally held to be a fundamental element of the property right, [11] falls within this category of interests that the Government cannot take without compensation.” [Kaiser Aetna v. United States, 444 U.S. 164 (1979)][11] See, e. g., United States v. Pueblo of San Ildefonso, 206 Ct. Cl. 649, 669-670, 513 F. 2d 1383, 1394 (1975); United States v. Lutz, 295 F. 2d 736, 740 (CA5 1961). As stated by Mr. Justice Brandeis, "[a]n essential element of individual property is the legal right to exclude others from enjoying it." International News Service v. Associated Press, 248 U. S. 215, 250 (1918) (dissenting opinion). 2. It’s NOT your property if you can’t exclude the GOVERNMENT from using, benefitting from the use, or taxing the specific property. 3. All constitutional rights and statutory privileges are property. 4. Anything that conveys a right or privilege is property. 5. Contracts convey rights or privileges and are therefore property. 6. All franchises are contracts between the grantor and the grantee and therefore property.