Editing Property (section)

=== Government interference ===
In 17th-century [[England]], the legal directive that nobody may enter a home (which in the 17th century would typically have been male-owned) unless by the owner's invitation or consent, was established as common law in Sir [[Edward Coke]] 's "[[Institutes of the Lawes of England]]". "For a man's house is his castle, et domus sua cuique est tutissimum refugium [and each man's home is his safest refuge]." It is the origin of the famous dictum, "an Englishman's home is his castle".<ref name= "Pitt">{{cite web |title=An Englishman's home is his castle |url=https://www.phrases.org.uk/meanings/an-englishmans-home-is-his-castle.html |website=Phrases.org.uk |access-date=6 December 2018}}</ref> The ruling enshrined into law what several English writers had espoused in the 16th century.<ref name=" Pitt"/> Unlike the rest of Europe the British had a proclivity towards owning their own homes.<ref name=" Pitt"/> British Prime Minister [[William Pitt, 1st Earl of Chatham]] defined the meaning of castle in 1763, "The poorest man may in his cottage bid defiance to all the forces of the crown. It may be frail – its roof may shake – the wind may blow through it – the storm may enter – the rain may enter – but the King of England cannot enter."<ref name=" Pitt"/>

That principle was carried to the United States. Under U.S. law, the principal limitations on whether and the extent to which the State may interfere with property rights are set by the Constitution. The [[Takings clause]] requires that the government (whether State or federal—for the 14th Amendment's due process clause imposes the 5th Amendment's takings clause on state governments) may take private property only for a public purpose after exercising due process of law, and upon making "just compensation." If an interest is not deemed a "property" right or the conduct is merely an intentional tort, these limitations do not apply, and the doctrine of [[sovereign immunity]] precludes relief.<ref>See, for example, "[[United States v. Willow River Power Co.]]" (not a property right because the force of law not behind it); "[[Schillinger v. the United States]]," 155 U.S. 163 (1894) (patent infringement is a tort, not taking of property); "Zoltek Corp. v. United States", 442 F.3d 1345 (Fed. Cir. 2006).</ref> Moreover, if the interference does not almost completely make the property valueless, the interference will not be deemed a taking but instead a mere regulation of use.<ref>" Penn Central Transportation Co. v. City of New York", 438 U.S. 104 (1978).</ref> On the other hand, some governmental regulations of property use have been deemed so severe that they have been considered "[[regulatory taking]]s."<ref>See ''United States v. Riverside Bayview Homes'', 474 U.S. 121 (1985).</ref> Moreover, conduct is sometimes deemed only a nuisance, or another tort has been held a taking of property where the conduct was sufficiently persistent and severe.<ref>''United States v. Causby'', 328 U.S. 256 (1946).</ref>