—–Original Message—–
From: EP
Sent: Wed 8/10/2016 7:27 PM
To: [email protected]
Subject: Questions about property
Dear Walter Block,
My name is EP and I am a fan of your work, especially the work you did on roads. I have always had a few questions about property law that I couldn’t really find an answer to. I was wondering if you could give me an
answer to the below questions and perhaps if you knew of a good article that explains Homesteading and property rights.
Dear EP:
I’ll only respond to a few of these questions, but I append a bibliography on libertarian homesteading theory that ought to answer most of them.
1) If I had an apple tree on my property and an apple fell down to my
neighbors property who has property of the apple?
<< neighbor
2) Would I be violating his property by putting something that he didn't
want on his property?
<< yes
3) If a branch crossed his property line would I own the whole tree or
would I only own the part that was on my property?
<< Libertarians don't support the ad coelom doctrine
4) If he owned the branch that crossed over to his property could I cut
down the tree and by that taking his branch?
5) If the branch that crossed over to his property were to land on his
house and did some damage who would be at fault.
6) If I left my house and didn't do anything for 50 years to it and someone
else took over my house in that time would I still have the right to my
house.
Block, 2004, 2015; Kinsella, 2003, 2009A, 2009B, 2009C, 2011
Block, Walter E. and Peter Nelson. Unpublished. Privatizing Oceans
Block, Walter E. 2015. “Expiration of private property rights.” The Journal of Philosophical Economics. Vol. VIII, Issue 2, Spring; http://www.jpe.ro/?id=revista&p=410;
http://www.jpe.ro/pdf.php?id=7114
Block, Walter E. 2004. “Libertarianism, Positive Obligations and Property Abandonment: Children’s Rights,” International Journal of Social Economics; Vol. 31, No. 3, pp 275-286; http://www.emeraldinsight.com/Insight/viewContainer.do?containerType=Issue&containerId=18709; http://www.walterblock.com/wp-content/uploads/publications/block-children.pdf
Kinsella, Stephan N. 2003. “A libertarian theory of contract: title transfer, binding promises, and inalienability” Journal of Libertarian Studies, Vol. 17, No. 2, Spring, pp. 11–37; http://www.mises.org/journals/jls/17_2/17_2_2.pdf; http://mises.org/journals/jls/17_2/17_2_2.pdf
Kinsella, Stephan. 2009A. “A Critique of Mutualist Occupancy.” August 2;
http://www.stephankinsella.com/2009/08/a-critique-of-mutualist-occupancy/; http://blog.mises.org/10386/a-critique-of-mutualist-occupancy/
Kinsella, Stephan. 2009B. “Left-Libertarians on Rothbardian Abandonment.” August 22;
http://www.stephankinsella.com/2009/08/left-libertarians-on-rothbardian-abandonment/
Kinsella, Stephan N. 2009C. “Homesteading, Abandonment, and Unowned Land in the Civil Law.” May 22; http://blog.mises.org/10004/homesteading-abandonment-and-unowned-land-in-the-civil-law/
Kinsella, Stephan N. 2011. “The relation between the non-aggression principle and property rights: a response to Division by Zer0.” October 4;
http://blog.mises.org/18608/the-relation-between-the-non-aggression-principle-and-property-rights-a-response-to-division-by-zer0/
Long, Roderick T. 1993. "Abortion, Abandonment, and Positive Rights: The Limits of Compulsory Altruism," Social Philosophy and Policy vol. 10 no.1, Winter, pp. 166-191; http://praxeology.net/RTL-Abortion.htm
Wisniewski, Jakub Bozydar. 2010a. “A Critique of Block on Abortion and Child Abandonment.” Libertarian Papers Vol. 2, No. 16;
http://libertarianpapers.org/2010/16-wisniewski-block-on-abortion/
7) What does someone have to do to own property by homesteading. if I built
a fence around a 10000 square mile aria I wouldn't own all that land or
would I?
<< no
I think that is it.
Thanks
From Erik Placke
Most of your questions are answered in this literature. If not, please do get back to me:
Block, 1990, 2002A, 2002B; Block and Edelstein, 2012; Block and Yeatts, 1999-2000; Block vs Epstein, 2005; Bylund, 2005, 2012; Grotius, 1625; Hoppe, 1993, 2011; Kinsella, 2003, 2006, 2009; Locke, 1948; Paul, 1987; Pufendorf, 1673; Rothbard, 1973, 32; Rozeff, 2005; Watner, 1982
Block, Walter. 1990. "Earning Happiness Through Homesteading Unowned Land: a comment on 'Buying Misery with Federal Land' by Richard Stroup," Journal of Social Political and Economic Studies, Vol. 15, No. 2, Summer, pp. 237-253.
Block, Walter. 2002A. “Homesteading City Streets; An Exercise in Managerial Theory,” Planning and Markets, Vol. 5, No. 1, pp. 18-23; September, http://www-pam.usc.edu/volume5/v5i1a2s1.html; http://www-pam.usc.edu/
Block, Walter. 2002B. “On Reparations to Blacks for Slavery,” Human Rights Review, Vol. 3, No. 4, July-September, pp. 53-73
Block, Walter E. and Michael R. Edelstein. 2012. “Popsicle sticks and homesteading land for nature preserves.” Romanian Economic and Business Review. Vol. 7, No. 1, Spring, pp. 7-13;
http://www.rebe.rau.ro/REBE%207%201.pdf
Block, Walter and Guillermo Yeatts. 1999-2000. “The Economics and Ethics of Land Reform: A Critique of the Pontifical Council for Justice and Peace’s ‘Toward a Better Distribution of Land: The Challenge of Agrarian Reform,’” Journal of Natural Resources and Environmental Law, Vol. 15, No. 1, pp. 37-69
Block, Walter v. Richard Epstein. 2005. “Debate on Eminent Domain.” NYU Journal of Law & Liberty, Vol. 1, No. 3, pp. 1144-1169
Bylund, Per. 2005. “Man and Matter: A Philosophical Inquiry into the Justification of Ownership in Land from the Basis of Self-Ownership.” Master thesis, Lund University, spring semester (June); http://www.uppsatser.se/uppsats/a7eb17de8f/; http://perbylund.com/academics_polsci_msc.pdf; http://www.essays.se/essay/a7eb17de8f/; http://www.lunduniversity.lu.se/o.o.i.s?id=24965&postid=1330482
Bylund, Per. 2012. “Man and matter: how the former gains ownership of the latter.” Libertarian Papers, Vol. 4, No. 1; http://libertarianpapers.org/articles/2012/lp-4-1-5.pdf
Grotius, Hugo. 1625. Law of War and Peace (De Jure Belli ac Pacis), 3 volumes; translated by A.C. Campbell, London, 1814
Hoppe, Hans-Hermann. 1993. The Economics and Ethics of Private Property: Studies in Political Economy and Philosophy, Boston: Kluwer
Hoppe, Hans-Hermann. 2011. “Of Private, Common, and Public Property and the Rationale for Total Privatization,” Libertarian Papers Vol. 3, No. 1, pp. 1-13. http://libertarianpapers.org/2011/1-hoppe-private-common-and-public-property/
Kinsella, Stephan N. 2003. “A libertarian theory of contract: title transfer, binding promises, and inalienability” Journal of Libertarian Studies, Vol. 17, No. 2, Spring, pp. 11–37; http://www.mises.org/journals/jls/17_2/17_2_2.pdf
Kinsella, Stephan N. 2009. “What Libertarianism Is.” August 21;
https://mises.org/library/what-libertarianism
Kinsella, Stephan N. 2006. “How we come to own ourselves” September 7;
http://www.mises.org/story/2291
Kinsella, Stephan N. 2009. “Homesteading, Abandonment, and Unowned Land in the Civil Law.” May 22; http://blog.mises.org/10004/homesteading-abandonment-and-unowned-land-in-the-civil-law/
Locke, John. 1948. An Essay Concerning the True Origin, Extent and End of Civil Government, in E. Barker, ed., Social Contract, New York: Oxford University Press, pp. 17-19.
Paul, Ellen Frankel. 1987. Property Rights and Eminent Domain. Livingston, New Jersey: Transaction Publishers
Pufendorf, Samuel. 1673. Natural law and the law of nations (De officio hominis et civis prout ipsi praescribuntur lege naturali)
Rothbard, Murray N. 1973. For a New Liberty, Macmillan, New York; http://mises.org/rothbard/newlibertywhole.asp
Rozeff, Michael S. 2005. “Original Appropriation and Its Critics.” September 1.
https://www.lewrockwell.com/rozeff/rozeff18.html
Watner, Carl. 1982. “The Proprietary Theory of Justice in the Libertarian Tradition.” Journal of Libertarian Studies. Vol. 6, No. 3-4, Summer/Fall, pp. 289-316; http://mises.org/journals/jls/6_3/6_3_6.pdf
1:42 am on August 12, 2016
