Property ownership rights are expressed in the Fifth Amendment of the Constitution. Within this amendment various legal rights are outlined, including those related to capital crime and criminal cases and the need for “due process” when someone is charged with a crime.
The amendment reads, “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
It is the last part of the Fifth Amendment, which states. “nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation,” that we find the important references to property.
This last part of the amendment notes that in essence our property, that is what we own, is ours and cannot be taken from us without “process of law.” It’s interesting to note that the founding fathers included “life, liberty, or property” in the same phrase, equating the ownership of property with freedom and life itself.