pull down to refresh
they're close to some interesting questions and just too ignorant to frame them the right way.
that's exactly it... and why I keep going. It's going to unleash/put the finger on so much good stuff... I just have to be preparated that they'll botch it in very predictable green-doomer ways
Easements sound cool... and very legalistic. Have I heard about this from some Mises/Judge Napoletano/Bob Murphy thing?
reply
More likely you'd have come across it in Kinsella's writing. That's where I learned the most about them.
reply
I'm surprised you could slog through that writing. I probably couldn't (at least not purely voluntarily), but they're close to some interesting questions and just too ignorant to frame them the right way.
The concept they should be leaning on is easements, specifically negative easements.
Do we have a negative easement on the path between us and the Sun, since we've been relying on the flow of energy over that path? We haven't transformed it in any way, nor have we embordered it, so certainly nothing like Lockean homesteading has occurred.
The same question can be asked of a scenic view, enjoyed from one's property but not a part of it, or downstream water rights.
I'm not sure we have this type of thing fully answered. I doubt those sorts of negative easements can make sense, though.