What is the meaning of property? How does one have a right to property?

Property rights in the United States come from the U.S. Constitution, state laws, and local laws. The Framers of the Constitution valued property rights and believed they were essential to liberty. The views of the Founding Fathers were influenced by the English constitutional tradition, including the Magna Carta. Importantly, the Founding Fathers understood clearly that private property is the foundation not only of prosperity but of freedom itself. 

The U.S. Constitution's Fifth and Fourteenth Amendments protect property rights. Specifically, the Fifth and Fourteenth Amendments’ Due Process Clauses and, more directly, through the Fifth Amendment’s Takings Clause: “nor shall private property be taken for public use without just compensation.”

Article I, Section 4(A) of the Louisiana Constitution provides: "Every person has the right to acquire, own, control, use, enjoy, protect, and dispose of private property. This right is subject to reasonable statutory restrictions and the reasonable exercise of the police power."

Generally, property rights include the right to possess, use, transfer, exclude, and destroy property. Our laws further protect private citizens from government actions: (1) if the government takes property through eminent domain, which is when the government condemns the property and the government must pays the owner just compensation or (2) the government can also regulate property use, which is called a regulatory taking.

Drafting & Reviewing Contracts

We provide legal assistance in both residential and commercial real estate matters, including contract negotiation, drafting, and review for businesses seeking retail, office, or warehouse spaces. 

Property Disputes & Litigation

We provide legal assistance in resolving conflicts over property lines; gaining ownership through long-term use; and defending your rights against unlawful government seizure.



Landlord-Tenant Disputes



We provide legal assistance in lease violations, evictions, and rent issues. The Khan Law Firm represents both owners, including multi-apartment buildings, involving include duplexes, apartment complexes, as well as tenants.

Estate & Inheritance Matters

We provide legal assistance in property transfers in Wills & Trusts. Importantly, our litigation services often involve Will Contests & Undue Influence Claims that often involve challenges to property inheritance.

Homeowner Association (HOA) Issues

We provide legal assistance in disputes over rules, fees, and governance. Homeowners Association (HOA) disputes in Louisiana often involve disagreements over rules, fees, and governance. Understanding your rights and the available resolution mechanisms is crucial for effectively addressing these issues.

Insurance Claims Involving Property Damage

We provide legal assistance to cover property damage from various sources depending on the type of policy and coverage selected. Claims involve damage from fire, smoke, hurricanes, tornadoes, or severe storms, etc. Our firm has significant experience in navigating property damage insurance claims to ensure a fair and prompt resolution. 

Construction Defect & Contract Fraud Issues

We provide legal assistance to those who have fallen victim to contract fraud and those who are dealing with construction defects. Under Louisiana law, Residential Contractor Fraud is defined as the misappropriation or intentional taking of anything of value by a contractor through fraudulent conduct, practices, or representations.

Eminent Domain & Condemnation

We provide legal assistance in advising you on your rights and the legal processes involved when confronting eminent domain actions. Louisiana law imposes specific timeframes to challenge eminent domain actions. Prompt action is crucial to preserve your rights.