Also known as: proprietary right · property rights
Written by attorneys · grounded in primary & secondary sources — see below
Rights of ownership or control that arise from title to or an interest in property. These rights include the authority to use the property, to exclude others, and to transfer or dispose of it.
Pioneer Energy operated a fuel depot on land that later became residentially zoned. The city enacted new restrictions but could not force immediate closure because the depot had been lawful when built. Pioneer Energy therefore retained the right to continue the existing operation despite the zoning change.
Phoenix Technologies owned an easement across adjacent land used for access to its warehouse. When a neighbor's construction blocked the route and interfered with deliveries, Phoenix Technologies sued for private nuisance. The court permitted the suit because Phoenix Technologies held a recognized property interest in the affected land.
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Premier Manufacturing obtained a building permit and spent substantial sums constructing a new plant before the city changed the zoning. Because the company had relied in good faith and incurred significant expense, it acquired a vested right to finish the project under the prior zoning rules.
Patriot Insurance maintained a nonconforming office building in a newly residential zone. The city passed an amortization ordinance allowing five years to phase out the use. After the period expired, the company lost the right to continue the nonconforming operation and had to cease or convert the building.
A shopping center owner posted rules barring handbill distribution on its private sidewalks. Protesters who ignored the rules were removed. The owner successfully defended its action by asserting its proprietary rights to control who could enter and use the premises.
A city condemned an entire neighborhood of homes and small businesses to assemble land for a new auto assembly plant. The displaced owners challenged the action, arguing that transferring their property to a private corporation exceeded the proper scope of eminent domain and invaded their proprietary rights.
Proprietary rights arise from ownership or recognized interests in the property itself and generally run with the land or asset. Contractual rights bind only the parties to the agreement and do not automatically create interests enforceable against successors or third parties.
No. Liability for private nuisance exists only for those who hold property rights or privileges in the use and enjoyment of the affected land, such as possessors or easement owners.
A landowner who obtains a permit and makes substantial expenditures in good-faith reliance on existing zoning acquires a vested right to complete the project. This prevents the municipality from applying new restrictions to defeat those expectations.
…rights to honest and impartial government,” id. , at 355, and that the statute is “limited in scope to the protection of property rights.” Id. , at 360. Petitioners argue that the Journal’s interest in prepublication confidentiality for the “Heard” columns is no more than an intangible consideration outside the reach of §…