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Essay / Case Analysis Goss V. Lopez - 1323
The hallmark of a property right is that the party “[has] a legitimate claim to a right therein.” Merely having a negative effect is not enough to make something of real estate interest. Normally, something is not considered a property right if the state has discretion over its right. Courts determine their discretion by considering whether a benefit can only be removed for good cause. Interests in land extend beyond traditional property types, such as land or property, but can include a wide range of government benefits. For example, the Supreme Court has recognized property interests in welfare benefits, government jobs, Social Security benefits, and licenses. Courts use a two-tier system to determine property interests. First, as mentioned previously, courts determine whether state law provides for a property right, and second, they determine whether the nature of that right is such that it merits constitutional protection. In summary, a plaintiff has a valid property interest if he or she can demonstrate that state law grants him or her a protected right through due process of law..