Did you have a home improvement project last weekend? I did.

But this one was beyond my limited skills (and limited tools), so I got my dad involved.  He can fix anything.  And he’s got the ultimate set of tools.

After he looked at the situation, he specified the fix. He liked my suggestion of using a vertical beam in conjunction with the splice that he specified. (Below is the before picture.)

I guess I did learn something helping out here and there as a kid in the driveway and later on in the shop.

My dad gave me very specific instructions on the materials.  “You need a 2 by 6 eight feet long. Make sure it’s pressure treated. Pick out a good piece of lumber. You want a good straight grain. Get No. 8 construction screws three inches long.  Square drive, not a hex drive.  They get chewed up too easily.  You could use Phillips head if you have to.”

Couldn’t find the right screws, so I got two sets of what came the closest. And two 2 by 6’s eight feet long. Just in case.

What does this have to do with property rights? We Americans love our property. Just check out Home Depot or Lowe’s some weekend. Jam-packed with do-it-yourselfers.

Now, I wasn’t thinking “highest and best use” when I was getting the materials that my dad specified–I was just getting the stuff I needed for my project. But as I thought back on it, I remembered the concept. In determining value of a property that’s being taken,

the highest and most profitable use for which the property is adaptable and needed, or is likely to be needed in the near future, is to be considered….”

This definition comes from an older case, but remains a great way to capture all that goes into the concept of “highest and best use.” In my neighborhood, the highest and best use is residential (even though the zoning would allow for more). So I want to keep my house looking right.

I know your property is as important to you as mine is to me. If the government, or someone else, wants to take yours, make sure you know about highest and best use.