The Right To Destroy.

The ambition of this article is to consider two questions: (1) What interests are furthered by permitting an owner to destroy his property? and (2) When should those interests give way to societal concerns about wasted resources and negative externalities? Part I of the Article sets forth the historical treatment of the right to destroy and explores some conceptual difficulties inherent in any discussion of property destruction. Part II examines the major argument courts have put forth to justify limitations on the right to destroy one's own property-the fear that valuable resources will be wasted. Part III explores the intangible benefits associated with property destruction. When rational people destroy valuable property, they often do so because of deeply held expressive interests. History provides many examples in which valuable pieces of property have been destroyed by owners who used destruction to gain attention for a cause or message.