Property Management Law

Property Management Law

Introduction

That "illegal immigration" issue is back, and it's giving me a headache. It is unfortunate that America has devolved since her Founding, one based on the ideas of private property and freedom of association and contract. In just over 200 years, the love of freedom has transformed into the love of the State (or "government"). And Americans have lost their sense of self-preservation, allowing those who do not value freedom to take over the country. It is no wonder that the people of Arizona can't protect themselves from intruders and invaders. Of course, the immoral, illogical "War on Drugs" hasn't helped. There are many differing views from libertarians in particular on this issue, and I am torn between the civil liberties and property rights aspects, which simultaneously conflict with and compliment each other.

Property Management Law

The Future of Freedom Foundation's Jacob Hornberger expresses here and here what I think is a result of Americans' dependence on the State to protect the borders, in which the State has become the actual violator: What lots of Americans don't realize is that the new Arizona immigration law simply extends to the entire state the requirement that darker-skinned, poorer-looking Americans along the border have had to live with for decades — carrying their papers, just like people in totalitarian countries have to do...

Historically, one of the great features of American life has been the unrestricted right of people to travel, trade, and immigrate freely between the respective cities and states of our nation. Internal passport checks are a dark blot on this great tradition. Like the Soviet Union itself, they should be dismantled and tossed into the dustbin of history.

I do not disagree that people have a right of freedom of movement. That is why I oppose the idea of a "driver's license," especially distributed by the State (as opposed to owners of private or privatized roads). But freedom of movement does not include a right of movement on or through private property.

In a 2005 article for LRC, Stephan Kinsella gave some suggestions on the immigration debate, in the context of usage rules of public property: We can allow that a road, for example, is actually, or legally, owned by the state, while also recognizing that the "real" owners are the taxpayers or previous expropriated owners of the land who are entitled to it. This poses no conceptual problem: there is no conflict between the proposition that the taxpayers have a moral or natural right to the land, i.e. they should have the (legal) right to control it; and the assertion that the state has the actual positive or legal right to control the land. The state is the legal owner; but this legal ownership is unjustified, because it amounts to continuing trespass by the state against property "really" owned (normatively or morally) by certain victims of the state (e.g., taxpayers or the resource's previous owners)....

If the feds adopted a rule that only citizens and certain invited outsiders are permitted to ...