community obligations. The Plaintiff herein has alleged a violation of his right to
property, right to privacy and right to be heard. All these rights being internationally
guaranteed are subject to the determination of this court.
Property has been defined in the case-law of both the European and the InterAmerican Courts of Human Rights as any vested right or any object capable of
having value.
In the case of the MAYAGNA (SUMO) AWAS TINGNI COMMUNITY V.
NICARAGUA (Judgment)Inter-American Court of Human Rights, Series C no. 79
(31 August 2001), para. 144: Property was defined as “ those material things which
can be possessed, as well as any right which may be part of a person’s patrimony;
this concept includes all movables and immovables, corporeal and incorporeal
elements and any other intangible object capable of having value.
In the strict legal sense, it is an aggregate of rights not only guaranteed and protected
by the state, but obliges the state to abstain from interfering.
Property rights extend to every specie of valuable rights and interests. More
specifically, ownership, the unrestricted and exclusive right to a thing, the right to
dispose of a thing in every legal way, to possess, use and exclude everyone else from
interfering with it. It is the exclusive right of possessing, enjoying and disposing of
a thing and the highest right a man can have to anything.
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