Re: Overheard on the scanner

In article <9v17245b0ettf1j4p90pnrl596n0t543gg@[EMAIL PROTECTED]
>,
 Douglas Berry <penguin_boy@[EMAIL PROTECTED]
> wrote:

> >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. 

How did the person you bought the land from get that right, in order 
that he could transfer it to you? How about the person he bought it 
from? Repeat as necessary.

....

> >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.

So we agree that ownership of land gives you only some of the rights 
associated with the land--perhaps the right to enjoin overflights below 
some altitude but not above. Yet you are certain that it provides the 
right to use force against even a non-threatening non-damaging 
trespasser who has not been notified that you disapprove of such 
trespass--or at least that is what you appear to be saying.

....

-- 
 http://www.daviddfriedman.com/
http://daviddfriedman.blogspot.com/
 Author of _Harald_, a fantasy without magic.
 Published by Baen, paperback in bookstores now