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Topic: Defense of property

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	Defense of property - Wikipedia, the free encyclopedia
		The defense of property is a possible justification used by defendants who argue that they should not be held liable for the loss and injury they have caused because they were acting to protect their property.
		Courts have generally ruled that the use of force may be acceptable, but that "deadly force" is generally not acceptable in defending property, although it may be acceptable in self-defense or, in some countries, the defense of one's home.
		Insofar as an attack on property is a crime, reasonable force may be used to prevent the crime or to arrest the offender, whether it be theft of a large sum of money or the damage of a very valuable object.
	en.wikipedia.org /wiki/Defense_of_property (728 words)

	OSCN Found Document:Justifiable Use of Nondeadly Force
		Defense of property is a defense although the danger to the property defended may not have been real, if a reasonable person, in the circumstances and from the viewpoint of the defendant, would reasonably have believed the danger of interference to be imminent.
		The right to defend property against one who manifestly intends or endeavors, by violence or surprise, to commit a known felony, to the extent of slaying the aggressor, does not include the right to defend it, to the same extent, where there is no intention to commit a felony.
		But, in the absence of an attempt to commit a felony, he cannot defend his property, except his habitation, to the extent of killing the aggressor, for the purpose of preventing a trespass, and if he should do so, he would be guilty of a felonious homicide.
	www.oscn.net /applications/oscn/deliverdocument.asp?citeID=81415 (619 words)

	OSCN Found Document:Burden of Proof
		Cite as: O.S. It is the burden of the State to prove beyond a reasonable doubt that the defendant was not acting in defense of property.
		If the defendant fails to come forward with evidence, or fails to come forward with sufficient evidence, the issue of defense of property is not raised in the trial and the trial judge should not instruct on this defense.
		If the defendant presents sufficient evidence to raise the defense of property, or if the defense is raised by the prosecution, an instruction must be given in order to apprise the jurors of the defendant's theory of the case.
	www.oscn.net /applications/oscn/deliverdocument.asp?citeID=81416 (255 words)

	EPA: Federal Register: Transfer of Real Property at Defense Nuclear Facilities for Economic Development
		The term ``underutilized real property or temporarily underutilized real property'' means an entire parcel of real property, or a portion of such property, that is used at irregular intervals or for which the mission need can be satisfied with only a portion of the property.
		Since many defense nuclear facilities have ongoing missions, particular transfers may be subject to use restrictions that are made necessary by specific security, safety, and environmental requirements of the DOE facility.
		Defense Nuclear Facility means ``Department of Energy defense nuclear facility'' within the meaning of section 318 of the Atomic Energy Act of 1954 (42 U.S.C. 2286g).
	www.epa.gov /fedrgstr/EPA-GENERAL/2000/February/Day-29/g4787.htm (4898 words)

	Self-Defense and Property Rights
		The strict observance of property rights is one of the chief guarantors of peaceful coexistence among the various members of a society.
		After all, property rights (or any rights) would be of little value if they were enforced only when one acted correctly.
		Regardless of what laws the Utah legislature have enacted or what the courts there might decide, however, it is a violation of property rights for politicians to say, for example, that only churches and homeowners may ban guns on their property.
	home.earthlink.net /~rdmadden/webdocs/Self-Defense_and_Property_.html (1336 words)

	A Defense of Property Ownership [Free Republic]
		You further suggest that ownership (and defense) of land (a finite resource) is somehow a de facto application of force, inasmuch as it inhibits the right of others to acquire any property.
		The appropriation of property is legitimate for guaranteeing the freedom and dignity of persons and for helping each of them to meet his basic needs and the needs of those in his charge.
		It is when property is stolen from it's rightful owner for redistribution, or when men who have not violated the rights of others are compelled at gunpoint to behave as the collective sees fit.
	www.freerepublic.com /forum/a38ff444c16ad.htm (8169 words)

	The Claremont Institute: Cicero's Defense of Property Rights
		Because private property ownership is in the interest of the individual, securing that ownership is in the interest of the community as a whole, and this commitment to ownership then becomes central to justice within the polity.
		Cicero follows his explicit defense of property rights in 2.78 with an almost Machiavellian explanation of why this principle is one the politician violates at his peril, as we have seen.
		Property is something that people become especially passionate about when it is taken away to be given to someone else for political reasons by government action.
	www.claremont.org /writings/02apsa_barlow.html (7851 words)

	Property Rights (Site not responding. Last check: 2007-10-15)
		In a national trend private property is being seized using eminent domain in the name of the “public good” to turn it over to private redevelopment subject to higher property taxes.
		Average property taxes in Maine are among the highest in the country and property taxes are far worse where market values of land along the coast increase out of proportion with other property.
		Property tax policy has in principle much in common with taking private property by eminent domain in the name of the so–called “public good” (note that the rights of the victim are not considered to be part of the “public good”).
	moosecove.com /propertyrights.shtml (2201 words)

	Hugo Grotius: The Causes of War: First, Defense of Self and Property
		War in defense of life is permissible only when the danger is immediate and certain, not when it is merely assumed.
		Defense is sometimes not permissible against a person useful to the state because at variance with the law of love.
		Whether the civil law, in permitting that life he taken in self defense, confers a right, or merely freedom from punishment, is discussed, with a noting of distinctions.
	www.lonang.com /exlibris/grotius/gro-201.htm (325 words)

	Illinois Policy Institute - IN DEFENSE OF PROPERTY TAXES
		There is also a sense in which the property tax ensures that the burden for education is fairly distributed among taxpayers and property tax revenues tend to remain stable over time while income revenues do not.
		Once they have property though, it becomes very important to them that that property appreciate rather than depreciate … and a good school is a very easy way to do this.
		It is no secret that the property taxes are among the most hated taxes in the country but this is not because they are unfair per se, but instead because they are often unfairly administered.
	www.illinoispolicyinstitute.org /education/archives/2005/09/in_defense_of_p.php (2791 words)

	Self Defense Law
		The force used in self defense must reasonably appear to be necessary to prevent the attack, and must be proportionate to the gravity of the attack.
		Pennsylvania allows the use of reasonable, non-lethal force in the protection of property and notes that such a defense of property will not be regarded as ‘provoking’ an attack on the defender’s person.
		In the defense of property, a request to desist prior to the use of force is required, unless it would be futile or dangerous.
	www.ittendojo.org /articles/general-4.htm (3980 words)

	CATHOLIC ENCYCLOPEDIA: Self-Defense
		Again, the property which may be defended at the expense of the agressor's life must be of considerable value; for charity forbids that in order to protect ourselves from a trivial loss we should deprive a neighbor of his life.
		A thief may be slain in the act of carrying away stolen property provided that it cannot be recovered from him by any other means; if, for example, he can be made to abandon his spoil through fright, then it would not be lawful to shoot him.
		Since it is lawful to take life in the legitimate defense of one's material goods, it is evidently also lawful to do so in defense of chastity which is a good of a much higher order.
	www.newadvent.org /cathen/13691a.htm (739 words)

	AKWLaw - Insurance Defense & Civil Liability Law (Site not responding. Last check: 2007-10-15)
		After trial, a jury returned a defense verdict in favor of our client, a manufacturer of lubrication hoses, where plaintiff claimed severe hand injuries when a hose exploded.
		We argued successfully that there were no design or manufacturing defects, and that the cause of the accident was product misuse, notwithstanding the sympathetic nature of the claim and the serious resulting injury.
		A defense verdict was returned in favor of the property owner defendant whom we represented.
	www.akwlaw.com /successes (516 words)

	WorldNetDaily: Human rights vs. property rights
		New London, statements have been made about property rights that are demonstrative of the paucity of understanding among some within the legal profession.
		Carolyn Lochhead's July 1 San Francisco Chronicle article, "Foes Unite in Defense of Property," reports on the coalition building in Congress to deny federal funds to cities that use laws of eminent domain to take private property for the benefit of another private party.
		If we buy into the notion that somehow property rights are less important, or are in conflict with, human or civil rights, we give the socialists a freer hand to attack our property.
	www.worldnetdaily.com /news/printer-friendly.asp?ARTICLE_ID=45584 (496 words)

	Expect aggressive defense of property law by PCUSA - 1/13/05
		In a like manner, the Presbyterian Church (USA) faces a dread: the test of its right to the property of congregations that wish either to 1) separate from the denomination with their property or 2) simply to revoke the constitutional clause that declares that local congregations hold their property in trust for the denomination.
		At that average, the value of all property used by the PCUSA's 11,000 local congregations held in trust for the benefit of the denomination is $7.4 billion.
		Although there was no property canon law in the Presbyterian Church at that time, the court concluded that the denomination – not a breakaway congregation – had the right to claim the property.
	www.layman.org /layman/news/2005-news/expect-aggressive-defense.htm (1079 words)

	EXISTENCE IS IDENTITY :: In Defense of Property Rights :: August :: 2005 (Site not responding. Last check: 2007-10-15)
		Republican Gov. Bob Riley signed a bill that was passed unanimously by a special session of the Alabama Legislature, which would prohibit governments from using their eminent-domain authority to take privately owned properties for the purpose of turning them over to retail, industrial, office or residential developers.
		Riley said, “A property rights revolt is sweeping the nation, and Alabama is leading it.
		The property rights movement, which had been somewhat moribund before the court acted, has spawned what many political strategists expect to be a major issue in the 2006 election cycle.
	existenceisidentity.blogs.ie /2005/08/04/in-defense-of-property-rights (568 words)

	JURCRM0242
		A person is justified in using reasonable physical force when he reasonably believes that such force is necessary to regain property that he reasonably believes was wrongfully taken or withheld by someone.
		Therefore, the property in question need not have been actually taken or withheld; indeed, it may rightfully have belonged to the other person.
		The only time a person may use deadly force to protect personal property is if in the course of doing so he reasonably believes that the assailant is about to use deadly force, or inflict great bodily harm.
	www.jud.state.ct.us /CriminalJury/2-42.html (793 words)

	Intellectual property - a defense \| Samizdata.net
		As the article says, property rights do include both the right to use and the right to exclude, and the rivalrous or nonrivalrous nature of the property does not change this.
		Intellectual property may have many features in common with real property, but it is not being used like real property.
		When real property is sold both the right to use and the right to exclude are transferred to the buyer, while intellectual property sales attempt to separate these rights and only transfer one of them.
	www.samizdata.net /blog/archives/004513.html (1051 words)

	LESO - Who can Participate (Site not responding. Last check: 2007-10-15)
		The Defense Logistics Agency (DLA) will accept applications to participate in the 1033 Program from these police departments provided that these applications are approved by the Coordinator of the State in which the Indian reservation is located.
		Accordingly, DLA has determined that excess Defense property cannot be transferred for use by correctional institutions in the general support of the prison population, for routine prison activities, or for the rehabilitation or treatment of drug offenders.
		On the other hand, DLA generally will approve property transfers under 1033 program for use by teams, squads, or individuals whose mission it is to enforce laws within the jurisdiction of prison officials.
	www.dla.mil /j-3/leso/Section1033/WhoCanPart.htm (586 words)

	T.P.I. -- CRIM. 40.08 (Site not responding. Last check: 2007-10-15)
		A person in lawful possession of real or personal property is justified in threatening or using force against another when and to the degree it is reasonably believed the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.
		"Property" means anything of value, including but not limited to [money] [real estate] [tangible or intangible personal property (including anything severed from land)] [library material] [contract rights] [chose-in-action] [interest in or claim to wealth] [credit] [admission or transportation tickets] [captured or domestic animals] [food and drink] [electric or other power].
		If evidence is introduced supporting the defense of protection of property, the burden is on the state to prove beyond a reasonable doubt that the defendant did not act in protection of [his] [her] property.
	www.tncrimlaw.com /TPI_Crim/40_08.htm (482 words)

	Defense - Wikipedia, the free encyclopedia
		For defense of a doctoral dissertation see thesis committee
		Self-defense (theory) and defense of property, legal justifications
		This is a disambiguation page: a list of articles associated with the same title.
	en.wikipedia.org /wiki/Defense (111 words)

	In Defense of Property Rights: The Right to Property (Part 1 of 6) by Warren Ross and J. Brian Philips -- Capitalism ... (Site not responding. Last check: 2007-10-15)
		In logic, the right to use and dispose of property, e.g., land, means that the owner may use that property as he chooses, free from the dictates of his neighbors or the government.
		If such were the case, anyone could claim that he finds your use of your property to be objectionable, and hence, are violating his rights.
		It is only through physical force, e.g., murder, kidnapping, or robbery, that an individual can be deprived of his life, his freedom, or his property, or be compelled to act (or not act) in a particular manner.
	capmag.com /article.asp?ID=2832 (1453 words)

	JUSTNET - The 1033 Program (Site not responding. Last check: 2007-10-15)
		The property must be drawn from existing stocks of the Department of Defense.
		Property may not be sold, leased, rented, exchanged, bartered, used to secure a loan, used to supplement the agency's budget, or stockpiled for possible future use.
		A State or local law enforcement or corrections official begins the process by writing a letter to the State coordinator, requesting that the agency be accepted for participation in the 1033 program.
	www.nlectc.org /equipment/1033.html (447 words)

	The Claremont Institute: Cicero's Defense of Property Rights
		The public property is property that "could be owned by no individual and could be used by everyone," such as beaches or waterways.
		Property itself, as a creature of law and of cooperative production, is a social phenomenon.
		In practice, their property is also something that most people care about more than they care about virtue — philosophy after all begins with Socrates' attempt to get the Athenians to care about their souls more than their property.
	www.claremont.org /writings/02apsa_barlow.html?FORMAT=print (7779 words)

	Property Ownership (Site not responding. Last check: 2007-10-15)
		Citizens for Private Property Rights is a non-profit tax-exempt (501(C)3) public benefit corporation and is not organized for the private gain of any person.
		The purpose of CPPR is to educate the public concerning civil and constitutional rights affecting private property.
		The Atlas Economic Research Foundation works with think tanks and individuals around the world to advance a vision of a society of free and responsible individuals, based upon private property rights, limited government under the rule of law and the market order.
	www.geocities.com /SunsetStrip/Amphitheatre/9130/po.html (214 words)

	In Defense of Property Rights: The Nature of Zoning (Part 3 of 6) by Warren Ross and J. Brian Philips -- Capitalism ... (Site not responding. Last check: 2007-10-15)
		Under zoning, individuals may use their property only for the purpose dictated by law, and violators are subject to fines and/ or imprisonment.
		While each group differs on what or how they wish to control the use of another's property, they agree that they should have a voice in how that property is used.
		Zoning advocates have argued that the actions of one property owner often have an adverse affect on neighboring property owners.
	www.capmag.com /article.asp?ID=2834 (1756 words)

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