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- Newsgroups: ba.politics
- Path: sparky!uunet!spool.mu.edu!agate!ames!decwrl!csus.edu!netcom.com!phil
- From: phil@netcom.com (Phil Ronzone)
- Subject: Re: On the usefulness of ba.politics
- Message-ID: <1993Jan2.102650.1500@netcom.com>
- Organization: Generally in favor of, but mostly random.
- References: <1992Dec30.080959.12043@netcom.com> <13753@optilink.COM>
- Distribution: ba
- Date: Sat, 2 Jan 1993 10:26:50 GMT
- Lines: 70
-
- In article <13753@optilink.COM> manley@optilink.COM (Terry Manley) writes:
- >In article <1992Dec30.080959.12043@netcom.com>
- >phil@netcom.com (Phil Ronzone) writes:
- >
- >>Either you believe: Any adult can with his/her property what
- >>he/she damn well pleases, provided there is no initian of
- >>coercion,
- >>
- >>Or you don't.
- >>
- >What do think of laws that restrict the development of
- >wetlands (on private property)? For example many farmers are
- >not allowed to drain/plow some part of crop lands they own.
- >The argument being the wetlands are required to support
- >migrating birds (among other things). If it can be shown that
- >by developing the wetland, the farmer will cause adverse
- >effects on bird populations, thereby denying hunters game, is
- >the farmer initiating coercion against the hunters? I assume
- >you think the farmer should compensated for not being able to
- >use his property - what should happen if the farmer then
- >refuses compensation and develops the wetland? What happens
- >if all the farmers in the central valley do so?
-
- Well, this has been hashed out before.
-
- First, I believe in extending riparin law to land and air use as well, not
- just water. One of essential concepts of riparian law is the "use as it
- exists". If you buy land with a river running through it, and someone down
- stream is already using the water, you can't stop the "normal and expected"
- flow without initiating coercion.
-
- On the other hand, if you were there first, too bad.
-
- This concept also extends to use that you implicitly grant -- such as letting
- the water be used for years, and then shutting it off.
-
- For example, that privately owned street leading to the Palo Alto park
- that is for residents only is shut down one day a way to explicitly
- maintain that it is a private (to the city of Palo Alto) street.
-
- Note that I am talking about NEGATIVE impacts -- my initiating acts that
- damage YOUR property. Air pollution is a good example -- I should leave the
- air as it was when it flowed across my property (in terms of harmful
- emissions).
-
- However, your question of birds on my property -- first, if the birds are
- YOURS, then get them off my property. You can't feed YOUR birds on MY
- grain. If the birds are NOT yours, then you don't have a complaint.
-
-
- This is known as POSITIVE impacts. Like, "gee, if you shut your business
- down and move it to Mexico, we'll be hurt". What they are talking about
- is ME removing MY factory -- in no way am I coercing THEIR property.
-
- >A related question: should a person be allowed to hunt
- >anytime on their own property? Should the state in any way
- >regulate hunting?
-
- No, not on private property.
-
-
- Now, how about that tree in Carmel that is wrecking a house foundation.
- Owner wants to cut the tree down. Carmel [insert fascist city organization
- name here] says no -- one "public official" said "The tree was there first!".
-
-
- --
- I believe Gennifer Flowers.
-
- These opinions are MINE, and you can't have 'em! (But I'll rent 'em cheap ...)
-