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 'Takings'
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