Animavore wrote:Just out of interest - is it ok for a multi-millionaire to buy a painting which has historical significance but which he personally hates, for millions, and then smash it over his knee and burn it so no ever sees it again?
I'm just wondering how far property rights go with regard to masterpieces?
If someone has a right to keep a painting to themselves and hang it where they please then they also have the right to destroy it I presume?
One man's history is another man's eyesore, and the attitude that something privately owned is a "cultural historical artifact" that the government ought to protect is the same attitude that leads governments to infringe on private property rights when it comes to "historic preservation" ordinances in re structures.
Both are heinous examples of government and public arrogance and disdain for private property and the right of the individual to do what he or she wants with his or her property, including destroying it.
If the public values some artifact, be it a painting or a house, so much that it's willing to regulate the owner's ability to use, enjoy or destroy it, then the public should be required to put up or shut up and pay the fair market value to acquire the object for preservation.
And that authority exists in all countries under the concept of "eminent domain," which allows the people, through the government, to take private property for public use. In the US, such takings are only restricted by two things: the property must be taken for "public use," (which has been wrongfully expanded by the Supreme Court to include "public benefit" rather than actual public use), and "just compensation" must be paid to the owner.
So, the government can forcibly intervene to preserve such an object of art, but only by purchasing it at the fair market value from the owner. But it may not prohibit the owner from destroying or otherwise using it either ex post facto or by prior restraint. Well, it OUGHT NOT be allowed to act by prior restraint, but that happens with great regularity when it comes to restricting the development rights (including demolition rights) when it comes to "historic" structures in zoning law.
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