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§ 170.: Laws regulating the use of personal property.— - A Treatise on State and Federal Control of Persons and Property in the United States considered from both a Civil and Criminal Standpoint, vol. 2

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Subject Area: Law

Topic: The American Revolution and Constitution

§ 170.: Laws regulating the use of personal property.— - Christopher G. Tiedeman, A Treatise on State and Federal Control of Persons and Property in the United States considered from both a Civil and Criminal Standpoint, vol. 2 [1900]

Edition used:

A Treatise on State and Federal Control of Persons and Property in the United States considered from both a Civil and Criminal Standpoint (St. Louis: The F.H. Thomas Law Book Co., 1900). Vol. 2.

Author: Christopher G. Tiedeman

Part of: A Treatise on State and Federal Control of Persons and Property in the United States considered from both a Civil and Criminal Standpoint, 2 vols.

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§ 170.

Laws regulating the use of personal property.—

While personal property is protected by constitutional limitations against all unnecessary interference and regulation, it is a standard rule of police power that one must not make such a use of his property as to injure another; and, consequently, the use and enjoyment of personal property may be subjected to such police regulations as may be necessary to prevent any threatened injury to the public. The proof of the existence of a threatened injury, and of the appropriateness of the proposed regulation as a remedy, will always justify the interference. Its efficacy is not a matter for judicial consideration. Laws for the regulation of the use of personal property may be as varied as the uses to which such property can be put; and it is only possible to refer to a few exemplary cases which have come up before the courts for construction.