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Homesteading Claim Shape Question

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Mises Pieces Posted: Fri, Aug 6 2010 10:16 AM

Under libertarian homesteading, how is the physical height and depth of a claim on the Earth's surface determined?

For example, does a homesteaded plot only go as deep underground as work is done (i.e. planting, foundation construction, etc...) or does a homesteader own the mineral rights under his plot in a cone shape down to the Earth's core?  If it's the former, are other landowners free to tunnell under the plot, and are they fully liable if they cause a cave-in which damages the surface homesteader's land?

Conversely, how are air rights determined?  Is it a violation of the surface homesteader's property rights if someone builds an overhang on their adjacent property or parks a blimp overhead blocking out sunlight?  Would flying an airplane through the air constitute homesteading, giving the airlines or the first civil pilots ownership of airspace along their flight paths?

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AJ replied on Fri, Aug 6 2010 10:28 AM

If you read your post as satire, I think it answers your own question. In other words, those things are for the market to decide.

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Lennow replied on Fri, Aug 6 2010 2:31 PM

What AJ said. There aren't any magical answers to your questions; market participants would decide everything.

… under the play of all these opposites there is something fundamental and permanent — the basic delusion that men may be governed and yet be free. - H. L. Mencken
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Merlin replied on Fri, Aug 6 2010 3:00 PM

 

Well, of course it’s for the market top decide but I myself would go decisively with “you homestead only what you use” i.e. no air, no underground, no mineral rights. The bare minimum. Air routes are actually homesteaded by airliners. 

The Regression theorem is a memetic equivalent of the Theory of Evolution. To say that the former precludes the free emergence of fiat currencies makes no more sense that to hold that the latter precludes the natural emergence of multicellular organisms.
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If the market is to decide how one must homestead in a objectively acceptable way, then that means that the meaning of the non-aggresson principle, (which is bases on property rights, which in turn is based on the homesteading principle and contracts of exchange), must be determined by the market. So the principle defining the free market must be determined by the market.

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AJ replied on Fri, Aug 6 2010 3:43 PM

Better word choice than "market" is "natural order." Natural order isn't defined by the NAP, although if we are to say that most people believe the NAP is the highest principle, the natural order will tend to uphold it.

See: http://mises.org/journals/scholar/hasnas.pdf

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Merlin replied on Fri, Aug 6 2010 4:01 PM

If the market is to decide how one must homestead in a objectively acceptable way, then that means that the meaning of the non-aggresson principle, (which is bases on property rights, which in turn is based on the homesteading principle and contracts of exchange), must be determined by the market. So the principle defining the free market must be determined by the market.

Indeed. Nothing, not even the free market, is god-given. In the long run we adjust to what works. It just so happens that in this universe free markets work, so we stick to them. 

The Regression theorem is a memetic equivalent of the Theory of Evolution. To say that the former precludes the free emergence of fiat currencies makes no more sense that to hold that the latter precludes the natural emergence of multicellular organisms.
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