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Constitutional Law • Procedural Due Process
CONLAW#084
Legal Definition
A deprivation of property occurs where there is an entitlement and that entitlement is not fulfilled. There is no distinction between rights and privileges.
Plain English Explanation
The government can't take away property without due process. Property includes anything someone is entitled to receive, whether it's a legal right like compensation or a government benefit like welfare. If the government doesn't provide someone an entitled benefit, it counts as depriving their property. For example, if someone qualifies for government assistance but is wrongfully denied it, that's a deprivation of property. Or if the government takes someone's land without just compensation, that's also a deprivation of property. It doesn't matter if it's a "right" like compensation for land or a "privilege" like qualifying for welfare - the government still can't withhold an entitled benefit without due process.
Hypothetical
Hypo 1: Bob, a public school teacher with tenured status, unexpectedly receives a termination notice from the government without a prior hearing, despite a state law guaranteeing his employment unless he commits a serious offense. Result: This action against Bob is a deprivation of property without due process. Bob had a reasonable expectation of continued employment, protected by law, which was violated without offering him a chance for a hearing.
Hypo 2: Sam's wages are garnished by a state agency to recover unpaid taxes without notifying him or providing a hearing in advance. Result: The garnishment of Sam's wages without prior notice or a hearing infringes on his property rights, as it deprives him of his earnings without due process, violating his constitutional rights.
Hypo 3: Bob relies on welfare payments to support his family. One day, he receives a letter from the government stating his benefits will be terminated without providing a reason or offering a hearing. Result: Terminating Bob's public assistance payments without notice and a hearing constitutes a deprivation of his property rights in those payments, denying him due process.
Hypo 4: Sam's driver's license is suspended by the state's department of public safety for accumulating too many parking tickets, without offering him a hearing to contest the suspension. Result: The suspension of Sam's driver's license without a prior hearing is a deprivation of his property interest in his license, lacking the procedural due process required by law.
Hypo 5: The government decides to take a portion of Bob's land for highway expansion, offering compensation below the market value, and does not provide an adequate process for Bob to challenge the amount. Result: This act constitutes a deprivation of Bob's property without just compensation or due process, as he was not given a fair opportunity to negotiate or contest the compensation for his land.
Hypo 2: Sam's wages are garnished by a state agency to recover unpaid taxes without notifying him or providing a hearing in advance. Result: The garnishment of Sam's wages without prior notice or a hearing infringes on his property rights, as it deprives him of his earnings without due process, violating his constitutional rights.
Hypo 3: Bob relies on welfare payments to support his family. One day, he receives a letter from the government stating his benefits will be terminated without providing a reason or offering a hearing. Result: Terminating Bob's public assistance payments without notice and a hearing constitutes a deprivation of his property rights in those payments, denying him due process.
Hypo 4: Sam's driver's license is suspended by the state's department of public safety for accumulating too many parking tickets, without offering him a hearing to contest the suspension. Result: The suspension of Sam's driver's license without a prior hearing is a deprivation of his property interest in his license, lacking the procedural due process required by law.
Hypo 5: The government decides to take a portion of Bob's land for highway expansion, offering compensation below the market value, and does not provide an adequate process for Bob to challenge the amount. Result: This act constitutes a deprivation of Bob's property without just compensation or due process, as he was not given a fair opportunity to negotiate or contest the compensation for his land.
Related Concepts
Does failure to protect people from harm violate Due Process?
What constitutes a deprivation of liberty?
What is Procedural Due Process?
What procedures are required for civil forfeitures?
What procedures are required for committing a person to a mental institution?
What procedures are required for corporal punishment in schools?
What procedures are required for detaining citizens as enemy combatants?
What procedures are required for ending Social Security Disability?
What procedures are required for ending welfare benefits?
What procedures are required for pre-judgment attachment and government seizures of property?
What procedures are required for proper Due Process?
What procedures are required for punitive damages?
What procedures are required for suspending a diver's license?
What procedures are required for suspending or dismissing a public school student?
What procedures are required for terminating a parent's custodial rights?
What procedures are required for terminating a tenured public employee for cause?
