That is the conception of property expounded by Proudhon in the latter half of the Eighteenth Century, that is, every citizen has a right-a fundamental right-to the material which is necessary for production of his needs for existence. I quote from a book on American Constitution you know this Constitution makes the property question justiciable and it says not that a law court has the final word, but that the whole question of compensation can be taken out of the jurisdiction of the court. It says: When private property is taken for a public or a semi-public purpose the constitutional requirement is that ‘just compensation’ must be paid to the owner. But how is that compensation determined? As a matter of practice the officers of Government first make their own valuation and offer the owner what they deem to be just. The owner, in most cases, rejects this offer and asks for more. Then by the usual process of bargaining, an agreement or some compromise figure might be reached. But if the owner cannot get what he believes to be fair compensation in this way he has an appeal to the courts. This is important. “But it is allowable to have the decision made by an administrative tribunal, with no appeal to the regular courts on questions of fact, provided a fair administrative procedure is followed.” You will note that there is no regular appeal to courts on questions of fact provided a fair administrative procedure is followed.
