Re: Overheard on the scanner

On  Wed, 07 May 2008 17:54:51 -0700 David Friedman
<ddfr@[EMAIL PROTECTED]
> carved the following into the hard
stone of rec.arts.sf.fandom 
>In article <8te42491lv8ousj1b0nrum5lnm414jmnns@[EMAIL PROTECTED]
>,
> Douglas Berry <penguin_boy@[EMAIL PROTECTED]
> wrote:
>
>> On  6 May 2008 22:51:41 -0400 "Keith F. Lynch" <kfl@[EMAIL PROTECTED]
>
>> carved the following into the hard stone of rec.arts.sf.fandom 
>> >Sean O'Hara <seanohara@[EMAIL PROTECTED]
> wrote:
>> >> William December Starr declared:
>> >>> "No Trespassing" signs are ugly.
>> >
>> >Yes, because of the sentiment they convey.  If someone wants to say
>> >"go away," they can, but they will be perceived as unfriendly and
>> >hostile.  If someone doesn't want to be perceived as unfriendly
>> >and hostile, they don't have to say "go away."
>> >
>> >They can't have it both ways.
>> 
>> Yes we can. We can have people who understand that private property is
>> just that, and entitlement whiners like you do not have rights above
>> ours.
>> 
>> Don't like it? Too bad.
>
>Two questions:
>
>1. What is your view of the origin of rights to property in land? How 
>did you get the right to exclude trespassers?

By laying down the money for a specified plot and assuming legal
responsibility for it. 

And it is a responsibility. 

>2. How do you feel about other forms of trespass? Are planes allowed to 
>fly over your land? They are probably out of range of your shotgun, but 
>perhaps you could acquire something better. What about radio stations 
>broadcasting their signals across your land? If your neighbor drills an 
>oil well and pumps, with the result that oil originally under your land 
>flows under his and up, are you entitled to smash his rig, on the theory 
>that it is being used to steal your oil?

The first two examples are ridiculous. Unless a plane is buzzing the
neighborhood (and then a call to the police will be made) owning
property does not grant control of the airspace over it unless it is
specified in the deed for specific reasons.

I suppose I could make my house a Faraday cage, and even build one
around the entire property, but ownership does not give control over
the airwaves.

Finally, it would depend on what the deed said about mineral rights. I
could, I suppose, sue my neighbor for the noise, pollution, and
possible damage to my home caused by foundation settling, but I would
not have the right to tresspass on his property to destroy his rig.

Of course none of the things you mention are likely to cut holes in my
fence, tear down my "Keep Out!" signs, tromp across my garden, and
leave the gate open so my theoretical dog escapes. Having lived in
many places where a stranger in your yard doesn't normally mean an
innocent wayfarer, but more likely a junkie looking to steal the
catalytic converter off your truck for the recycling money, I tend to
err on the side of overwhelming force.
--

Douglas E. Berry  Do the OBVIOUS thing to send e-mail

"Where is the prince who can afford so to cover
his country with troops for its defense, as that
ten thousand men descending from the clouds, might 
not,in many places, do an infinite deal of mischief
before a force could be brought together to repel 
them?" - BENJAMIN FRANKLIN-1784