Well, titled property is mostly homesteaded property, but folks seem to get this one backward and invest a sort of sacredness in the title rather than contemplating where the origin of a claim to property might come from. Title works fine for known property, but what about unknown property? This is where title systems can break down- many will arbitrarily lay claim to the nearest titled property owner rather than the person who discovered and began to homestead this previously unknown resource.
It seems to me that this calls into question the idea of mineral rights, especially for folks buying a house with no interest in actually trying to get any of those minerals. Certainly, if the extraction of those minerals meant some sort of harm to the grounds and the home, the homeowner should be compensated, but if not it seems to be an arbitrary rent. How about next-door neighbor rights, so that I can tax people who choose to live next to me?
Law centering around aviation and landowners seems like a mess of confusion as well, because they often did actually cause harm (livestock freaking out and hurting themselves and the like), but the government essentially handed the aviation industry a free pass because they couldn't envision the aviation industry thriving otherwise. Meanwhile, landowners were claiming their property rights extended to the heavens; not the right answer either. There would have been some combination of negotiations with farmers along flight paths, experimentation in noise reduction, etc, under a more coherent scheme.
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