Category: property rights

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folly nannyism property rights too much government

Fishy Schemes Against Human Beings

California Drought Fish

Arbitrary governmental pricing of water — as opposed to free-market pricing — provides one major reason why it’s so hard for Californians and others to deal with drought.

I’ve talked about it before. And, as before — indeed, as is so often the case when government constricts our freedom to “solve” problems — the do-badders are pursuing more than one line of attack.

Under-pricing plus edicts about how we may use water are bad enough, sure. But that kind of central planning is just one method of making it harder to quench thirst and water lawns and crops. Another method? Diverting massive amounts of water from the service of human needs in order to “help” a few expendable fish.

In his Reason article “California Drought a Shortage of Water or Common Sense?,” Steven Greenhut laments fishy schemes to lower reservoir levels and drain a lake near the Sierra foothills “to help coax a handful of steelhead trout to swim to the ocean.” Handful? Maybe not quite. Nine fish. A mere nine.

The Lake Tulloch Alliance estimated that up to $2 million in water value would have to be expended to save each individual fish.

Thanks to coverage like Greenhut’s and Stephen Moore’s, and the resultant public outcry — plus the eventual resistance of local water district officials to the environmental demands of state and federal agencies — this particular attempt by radical environmentalists to elevate fish life above human life has been deflected. At least for now.

But there are more battles to come.

This is Common Sense. I’m Paul Jacob.

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California Drought Fish

 

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folly property rights too much government

Rare Earth Reserve

NIMBY

There are many places on this planet I would hardly dare visit, much less seek to live near.

One of those places is remote Baotou, in Inner Mongolia, a boom region where much of our planet’s rare earth industry is located.

It becomes obvious as you read Tim Maughan’s BBC report on the region, “The dystopian lake filled by the world’s tech lust,” that the reason China now “monopolizes” this industry is that un-democratic, illiberal China does not have a Not-In-My-Back-Yard “problem.”

NIMBY is for freer societies.

The devastation to the landscape, Maughan writes, is astounding in scope and horror. “Dozens of pipes line the shore, churning out a torrent of thick, black, chemical waste from the refineries that surround the lake,” he explains. “The smell of sulfur and the roar of the pipes invades my senses. It feels like hell on Earth.”

But NIMBYnomics aside, Maughan’s parting shot is interesting. “[O]nce we made watches with minerals mined from the Earth and treated them like precious heirlooms; now we use even rarer minerals and we’ll want to update them yearly. Technology companies continually urge us to upgrade; to buy the newest tablet or phone. But I cannot forget that it all begins in a place like Bautou, and a terrible toxic lake that stretches to the horizon.”

I hazard that Apple and its competitors will discover ways around rare earth reliance, in the future — if consumers raise a stink.

It is amazing how responsive free markets can be.

And as for outrageous pollution? Socialist command economies were notorious for their horrifying pollution standards back in the day. Corporatist, one-party (fascist) China carries on that tradition.

The cure for pollution is obvious.

This is Common Sense. I’m Paul Jacob.

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NIMBY

 

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general freedom nannyism property rights responsibility too much government

Why the Tiny Domicile

Why The Tiny Domicile by Paul Jacob

[mks_dropcap style=”letter” size=”60″ bg_color=”#ffffff” txt_color=”#000000″]T[/mks_dropcap]he “tiny house” movement has gained momentum. More and more people — especially young people and childless people — see the virtue of very small houses. They are cheaper, can be made energy-efficient, have an almost necessarily smaller “environmental footprint,” and are mobile.

And I can see the attraction. For one thing, a tiny house would be easier to clean than what I have. For another? Snug. Many of the efforts are very cleverly designed and built. And certainly for young singles, they make a great deal of sense.

But, wouldn’t you know it, there is a problem here. Government.

Urban housing authorities, zoning boards, and the like, have not exactly been accommodating to this new development.

Which is, in its way, typical, and typically frustrating. After all, many of the reasons folks are looking to tiny houses result from government regulation in the first place. City, metro and county governments have been so poorly accommodating to diversity in housing demands that costs have risen horribly.

This is all explained over at Reason, which draws the bureaucratic environment of the nation’s capital in relation to tiny homes: “they’re illegal, in violation of several codes in Washington D.C.’s Zoning Ordinance. Among the many requirements in the 34 chapters and 600 pages of code are mandates defining minimum lot size, room sizes, alleyway widths, and ‘accessory dwelling units’ that prevent tiny houses from being anything more than a part-time residence.”

This leaves Reason’s featured tiny home owner in yet another bad-government-induced limbo: “allowed to build the home of his dreams — he just can’t live there.”

We need tiny government. Or at least tiny-accommodating government. Really… both.

This is Common Sense. I’m Paul Jacob.

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property rights too much government

Philadelphia Freedom?

It’s fun to watch intrusive, abusive, and exclusive government operations fail. It’s instructive to see how they react.

Years ago, internationally renowned artist James Dupree purchased a large building in Philadelphia’s depressed Mantua neighborhood to renovate it not only into his studio, but into a place other artists could practice their crafts.

Sadly, the Philadelphia Redevelopment Authority (PRA) thought it should be taken from him and then transferred to a supermarket.

Dupree fought back. He got the Institute for Justice on his side and, after years of litigation, the PRA finally gave up, returning the title it had taken it had taken from him.

But with some final remarks from Brian Abernathy, PRA’s executive director, who thought it his mission to bring “healthy food” to the community:

Unfortunately, the legal costs associated with Mr. Dupree’s appeals make it impossible to continue. Despite all the work to date, PRA will end condemnation proceedings enabling Mr. Dupree to keep his studio. While we have explored the potential of building around Mr. Dupree’s property, a viable project under these conditions is not possible. In short, the inability to acquire Mr. Dupree’s property puts the prospect of bringing fresh food to this community at serious risk.

Nonsense. A successful artists’ complex is an asset to the health of a community, its economic health. And citizens, had they kept their community clean, and had the core city government helped keep it peaceful, would have eventually encouraged private expansion to serve local grocery needs.

Meanwhile, the PRA had not even lined up a business to put in the studio’s place. It was all speculation.

A “successful” PRA would probably have wound up with an empty lot.

This is Common Sense. I’m Paul Jacob.

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crime and punishment media and media people property rights

John Oliver vs. Cops Who Rob

“Since 9/11, under just one program police have taken two-and-a-half billion dollars in the course of over 61,000 seizures of cash alone, from people who . . . were not charged with a crime. That is the sort of behavior we laugh at other countries for, along with their accents and silly hats.”

So says a prime-time TV comedian who devotes more than 15 minutes of his monologue to exposing and critiquing the malignant practice of “civil forfeiture,” which lets cops grab and keep your cash just because it’s there.

You won’t find such an extended, mostly spot-on critique of civil forfeiture — bolstered by Q&A with the likes of Ezekiel Edwards and Scott Bullock — delivered by a “Tonight Show” or “Late Night” host. The credit goes to John Oliver (HBO’s “Last Week Tonight”), who finds plenty to satirize in the contradictions and silliness of “law enforcers” who function as thieves.

Much of the work is done for him. Oliver doesn’t have to try too hard, for example, to poke fun at the Funk Night raid, caught on video. The police seized 48 cars, contending, “simply driving vehicles to the location of an unlawful sale of alcohol was sufficient to seize a car.” Says Oliver: “Which means you might as well seize any car being driven by any teen on prom night.”

I’ve been more or less indifferent to the fate of John Oliver’s new HBO show; but now I say, ardently, “Live long and prosper!”

This is Common Sense. I’m Paul Jacob.

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crime and punishment property rights

Property as Persons

Think “corporate personhood” is bad? Well, there’s a far stranger notion in American law: civil forfeiture. That’s where corporeal property is said to have personhood, and thus can be sued — rather than its owner. This goofy doctrine allows governments — state and local, as well as, of course, federal — to take property from people without establishing that the owner had done anything wrong by strict standards of evidence and rules of culpability.

The property is just nabbed, really.

It’s a horrible atavism, an old idea from the bad old days before a rule of law was established. And it encourages governments to be kleptocratic. Whole law enforcement agencies fund their luxuries and perks by this method.

A typical example? “In 2003 a Nebraska state trooper stopped Emiliano Gonzolez for speeding on Interstate 80,” writes Jacob Sullum at Reason, “and found $124,700 inside a cooler on the back seat of the rented Ford Taurus he was driving. Gonzolez said the money was intended to buy a refrigerated truck for a produce business, but the cops figured all that cash must have something to do with illegal drugs.” So the government took the money.

This sort of takings — confiscation — helps drive the drug war, of course.

But it often takes from the innocent as well as the criminal.

Since “suing the property” conforms to neither normal civil nor criminal law, it’s all rigged in the government’s favor. It’s scandalous that courts have ruled it constitutional. Something has to be done to curb its use in America.

Rand Paul wants to reform civil forfeiture. Seems like an awfully small step. How much better to abolish it!

This is Common Sense. I’m Paul Jacob.

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national politics & policies property rights Tenth Amendment federalism

Land Un-Grab?

When I took up the Cliven Bundy story, just before Bundy spewed his racist farragoes, I concentrated not on him, but on the broader issue: too much federal government ownership of real property in “the tiny state of Nevada” and elsewhere.

Since then an expert has weighed in on my side: Terry Anderson of the Property and Environment Research Center.

Sorta.Barbed Wire Fences in Grazing Lands - a technological way to establish private property on the range

I supported privatization of grazing lands. But I mentioned that forest land should “at least be ‘state-ized,’” that is, transferred to the states. And that, it turns out, is what the current crop of Sagebrush rebels want for grazing land.

But there’s a downside to such a transfer. Grazing fees would likely go up.

Anderson titles his piece “Careful What You Ask For.”

And that cuts both ways. The environmentalists who want to centralize even more control in Washington, D.C., think that booting out privately owned ungulates would accrue benefits to the ecosystems. They are wrong, Anderson explains:

But “no moo” may mean fewer tweets, clucks, and bugles from wildlife. As private ranchers demonstrate, good land management can control noxious weeds, improve water quality, sequester more carbon, and generate more wildlife habitat.

Yes, “cattle grazing has improved the ecosystem.”

Anderson prefers privatization.

But that remains politically unlikely. The Cato Institute’s Randal O’Toole suggests a compromise: fiduciary trusts, where the feds retain land title. Centuries of common law bolster the idea, says O’Toole, who assures us, under this form of oversight, “trustees preserve and protect the value of the resources they manage, keep them productive, and disclose the full costs and benefits of their management.”

Both of these alternates are better than current government mismanagement and overkill.

This is Common Sense. I’m Paul Jacob.

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national politics & policies property rights too much government

The Tiny State of Nevada

Nevada isn’t really that big of a state. Oh, sure, it appears large on the map.

But 81 percent of that land mass isn’t Nevada. It’s federal government property, run by various branches of the nation’s central government in Washington, D.C.

Much of the controversy surrounding the Cliven Bundy ranch, and the rustled cattle, and the standoff with the federales, has to do with federal government land.

From my reading of the Bundy family ranch affair, it appears that the legal question is not one of taxes, but of usage fees; not of endangered tortoises, but cattle. But mostly about land. My sympathies are with the Bundies. They seem to have a very old adverse possession case against the government.

I wasn’t surprised to learn that federal judges didn’t look very kindly to the Bundies’ customary rights. Federal judges prefer legislated law to common law. We’re a long way from our roots, folks.

But the issue lurking behind all other issues is the over-dominance of the federal government in twelve western states. Five of them have over half of their land titled to and run by the federal government: Oregon, Idaho, Alaska, Utah and Nevada. This imbalance gives just too much power and purview to federal agencies, who are then tempted to run roughshod over locals. That is, state citizens.

Cliven Bundy may be dead wrong legally, but politically, he has a point.

The federal government should privatize all or most of its grazing lands and desert lands. Its forest lands should at least be “state-ized” — given back to the states.

This is a federal republic, right? Not an empire?

The states are not supposed to be mere conquered provinces.

This is Common Sense. I’m Paul Jacob.

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general freedom media and media people property rights too much government

Naked Truth Up North

In the U.S., broadcasters and savvy consumers worry about the behavior of the Federal Communications Commission, which regulates the electromagnetic spectrum not by defending property rights, but by licensing segments of the spectrum within locales. The FCC even regulates content to some extent, by threat of withdrawing licensure.

But it could be worse. We could be in Canada.

How so? Well, Canadian politicians have long picked at a cultural scab: their identity crisis, their fear of being overshadowed by the U.S. So, up north, regulation of broadcast content centers on the promotion of “Canadian” artistry and talent in place of programming generated elsewhere, chiefly America.

Yes, the Canadian Radio-television and Telecommunications Commission has quotas.

And like all quota systems, it has long ago embraced absurdity.

The latest nonsense?

The demand that two Canadian porn channels provide more home-grown pornography. In addition, the channels have been charged with not been providing enough closed captioning. (Just what adult movies need, careful transcription.)

AOV XXX Action Clips and AOV Maleflixxx are on notice, and their respective licenses are under review:

The X-rated specialty channels are supposed to air 35 per cent Canadian programming over the broadcast year and 90 per cent of its content should have captioning.

As part of proposed licence renewals, the commission plans to hear evidence on the apparent non-compliance.

It might be awfully funny to horn in on those hearings, listen to what people will say about upping Canadian porn production to meet standards that encourage, uh, national pride.

But the dirtiest truth is that most regulation of the airwaves is just as ridiculous, if not quite as nakedly so.

This is Common Sense. I’m Paul Jacob.

Categories
crime and punishment local leaders property rights

Rights Violations Close to Home

Connor Boyack, founder of Utah’s Libertas Institute, has earned a reputation combating the dangerous no-knock raids characteristic of the War on Drugs/People. The point of these raids is not to defuse a violent situation, but to hunt for drugs or arrest a slumbering, peaceful home-dweller. Sometimes people die as a result.

Now Boyack is fighting to reverse a stealthier assault on Utahans — the latest legislative weakening of protections against wrongful seizure of property passed in 2000 by citizen initiative.

The changes, put over as a minor “recodification” of civil forfeiture law, make it almost impossible for an innocent victim of a property grab by police to recover legal costs. For one thing, compensation is now optional. For another, any compensation awarded is now limited to a mere fifth of the value of the property taken. Yet the cost of litigating such takings is often much greater than the property value.

Boyack hopes to persuade Utah officials who do care about individual liberty to pay more attention to close-to-home hazards.

“One thing I noticed at the Tenth Amendment Center is that while liberty-minded Utah legislators could join arms to [oppose] the federal government, they weren’t nearly as skeptical of the government here in Utah,” he says, quoted in a profile by Rise of the Warrior Cop author Radley Balko.

Boyack champions greater consistency. After all, when your rights are violated, the injustice and the harm are the same whether the perpetrator is local, state or federal.

This is Common Sense. I’m Paul Jacob.