In Can State Expropriation of Minerals be Justified? Part I, I set out a common law property rights argument drawing from the writings of jurists Blackstone and Locke as well as contemporary philosopher Ed Feser. I looked at what circumstances, if any, might justify the state taking of real property, looking specifically at minerals from […]
Entries Tagged as 'Property Rights'
Can State Expropriation of Minerals be Justified? Part II
March 9th, 2010 6 Comments
Tags: Case of Mines · Crown Minerals Act 1991 · Edward Feser · James Parcell · John Locke · Kevin Counsell · Lewis Evans · Neil Quigley · Property Rights · Rights and Freedoms · Sub-Soil Land Rights · Takings · William Blackstone
Can State Expropriation of Minerals be Justified? Part I
March 5th, 2010 22 Comments
New Zealand, like many nations, has a long history of the state taking real property, often without compensation. In this two part series I examine one sub-set of takings, minerals from the sub-soil of privately held property (although the argument herein could apply with equal force to any state taking). Drawing from common law, the […]
Tags: Crown Minerals Act 1991 · Edward Feser · John Locke · Property Rights · Rights and Freedoms · Sub-Soil Land Rights · Takings · William Blackstone
Property Rights: Blackstone, Locke and the Legislative Scheme Part II
February 19th, 2010 8 Comments
This two part series looks at the state of property rights under the current legislative scheme in New Zealand. Particularly I address attempts to suggest that the passage of Acts such as the Crown Minerals Act and the Resource Management Act have not significantly altered the common law concept of property rights and the claim […]
Tags: Crown Minerals Act 1991 · Property Rights · Resource Management Act 1991 · Rights and Freedoms · Sub-Soil Land Rights · William Blackstone
Property Rights: Blackstone, Locke and the Legislative Scheme Part I
February 17th, 2010 10 Comments
This two part series looks at the state of property rights under the current legislative scheme in New Zealand. Particularly I address attempts to suggest that the passage of Acts such as the Crown Minerals Act and the Resource Management Act have not significantly altered the common law concept of property rights and the claim […]
Tags: Crown Minerals Act 1991 · Edward Feser · John Locke · Property Rights · Resource Management Act 1991 · Rights and Freedoms · Sub-Soil Land Rights · William Blackstone
Can State Appropriation of Minerals in Privately Held Land be Justified? Resources Needed
January 20th, 2010 18 Comments
I am currently undertaking my second-to-last paper in pursuit of my Bachelor of Law (LLB). Due to a complicated bunch of factors involving the potential staleness of my papers, if I do not apply to the New Zealand Council of Legal Education for a completion certificate with an LLB and a Professional Legal Studies certificate […]
Tags: Jurisprudence · Law Studies · Minerals · Mining Law · Property Rights · Sub-Soil Land Rights