Article 61 — The Right to Property

Every citizen who lawfully owns property has the absolute and inviolable right to occupy, inhabit, and live upon that property, free from any recurring financial obligation imposed by the government. Ownership of property confers permanent and unconditional rights of residence.

No government entity at any level shall levy any recurring tax, fee, rate, or charge upon a citizen’s primary residence or owned land. Once property is lawfully purchased, the citizen’s right to occupy it shall be free from any further financial burden imposed by the state.

No citizen shall be forcibly removed from their lawfully owned property for failure to pay any government-imposed tax, levy, or fee. Any law or regulation permitting such removal is unconstitutional and void.

The government shall have no power to seize or compulsorily acquire privately owned property except in the most extraordinary and demonstrable cases of national emergency, and only with the explicit voluntary consent of the property owner, or a supermajority ruling of the Independent Judiciary confirming absolute necessity, and full and fair market compensation paid to the owner prior to any transfer of possession.

Every citizen has the right to build, modify, and maintain structures on their own property without requiring government permits or approvals, provided such construction does not demonstrably and directly endanger neighbouring citizens or public safety, or demonstrably and significantly damage the natural landscape, a protected natural area, or the established character of a heritage site.

Where a person has made a valid will, their property shall pass to their designated beneficiaries in accordance with that will. The will of the deceased is sovereign and shall be respected by the state and the courts.

Where a person dies without a valid will, their estate shall pass according to fair and transparent intestacy provisions established by law, designed to reflect the reasonable expectations of family relationships and to ensure that those closest to the deceased are not left without recourse.

Inheritance tax may be levied by the state on property passing to beneficiaries, at rates established by law and applied proportionately. However, the following exemptions are constitutionally guaranteed and may not be removed by legislation:

No inheritance tax, estate duty, transfer fee, or government claim shall be levied where the inheriting person is a family member who was lawfully residing in the property as their primary residence at the time of the owner’s death. No inheritance tax, estate duty, transfer fee, or government claim shall be levied where the inheriting person is a family member who was actively working the land or property — whether in agriculture, horticulture, a family business, or any other productive use — at the time of the owner’s death. No inheritance tax, estate duty, transfer fee, or government claim shall be levied where the inheriting person can demonstrate that they were actively contributing to the maintenance or upkeep of the property through their own financial means or physical labour. No inheritance tax, estate duty, transfer fee, or government claim shall be levied where the inheriting person can demonstrate that they were providing genuine care to the deceased in a manner that meaningfully supported the deceased’s quality of life, health, or dignity in their final years or period of dependency.

In all of the above cases the inheriting person’s right to occupy and use the property shall be immediate, unconditional, and uninterrupted from the moment of the original owner’s passing. No such inheriting person shall ever be compelled to sell, vacate, or relinquish the property due to any tax obligation, government levy, or estate proceeding.

These exemptions exist to protect the family home, the family farm, and the family business from being broken up by taxation at the moment of greatest grief. A person who gave their time, their money, or their labour to support another in life shall not be punished for that generosity at the moment of death.

All property ownership records shall be maintained transparently and securely. No government entity shall alter, erase, or dispute a citizen’s lawful ownership record without full due process and the explicit ruling of the Independent Judiciary.

The government shall not create conditions, regulations, or monetary policies that artificially inflate property prices or make property ownership inaccessible to ordinary citizens. Every citizen shall have a fair and realistic opportunity to achieve property ownership.