no third solution

Blogging about liberty, anarchy, economics and politics

You Can’t Fight City Hall

August 12th, 2008

Just, wow.  A few items on the property rights front in recent news.

Recently, the State of Michigan threatened to take away my Driver’s Permission Slip because of a $10 parking ticket.  I had parked, overnight, on the street in front of my house.  It is illegal to do this on any night, because two days out of the entire year a streetsweeper comes by and cleans the curb-line.

But this story takes the cake. In Milwaukee, a man lost his house to a $50 parking ticket. You can’t fight city hall.

Sure, the guy wantonly neglected to pay the penalty on a minor code infraction.  But seriously. If the government can take your house over $50, there is no limit to what it can do. And no amount of reason, apparently, will stop it.

The city foreclosed on the property, and the article says that it cost him his $245,000 house. But the city surely isn’t allowed to profit, are they? I mean, just like a bank can’t sell your house at a Sheriff’s sale and keep proceeds in excess of what you owed on the note, it’s not like the city gets to bank an extra $243k, right?

Right?

Says the code enforcer, “If a violation exists, a violation exists. We’re going to enforce a violation.”

And that’s the problem. That’s why you can’t fight city hall.

As long as the zoning board, the city hall, the police departments, are populated by people who’ve never had an original thought, as long as nobody questions whether the penalty is appropriate for the “violation,”  as long as they are willing to enforce any code, merely for the sake of enforcing the code, this is the sort of nonsense that happens, and worse.  Although it doesn’t get much worse than stealing a man’s house.

Oh well.  If you can’t beat them, join them. I guess.

This old lady a few miles from me wants to stall the development of a sports complex because she can see it from her house and doesn’t like the way it looks. She says that none of her neighbors want to see it, either.

Last month she won an injunction against Sail on Investment Co. that temporarily stopped construction. The case is due back in Macomb County Circuit Court on Tuesday.

Of course, none of these people were willing to buy the property, when it was (presumably) listed publicly for sale, in order to preserve their vision of the community.  If she has the power to prevent the developer from building something, merely because she doesn’t want to look at it, then it’s at least partially her property.

The developer was required to notify all residents within 300 feet of the new building, they claim that they were never notified, my guess is that the developer is probably allowed to serve this notice in a public forum like a newspaper or other periodical, but maybe he didn’t.  Setting aside a lot of the finer points, the real problem appears that some old lady doesn’t like what her neighbor is doing with his property.

I’m inclined to say, “too bad!”  At some point, you have to draw the line. Sure, the distribution right now is far from perfect, but that doesn’t (IMO) justify using the State to enforce your desires and beliefs on everyone else.

What Could You Do With Allodial Title?

July 8th, 2008

I noted previously that I’d like to write more about Allodium, in response to Orville Seymer left a comment on Why You Can’t Buy Allodial Title.  He suggests a book by John Cobin, Ph.D. and I was able to locate a PDF version of the book for $5.95.

Most states in the Union which have or had a clause in their constitution pertaining to Allodium (e.g., New York) have rescinded that section in whole or in part, because they determined that Allodial title is an antiquated notion.  It must be nice to make the laws, and determine that certain impediments to increasing one’s own arbitrary dominion, are “frivolous” or “antiquated.”

Much like the “frivolous” arguments against paying one’s taxes (PDF), (determined to be frivolous, of couse, by the same entity that levies and collects those taxes!) any constitutional provision quickly becomes “antiquated” when the governnment unilaterally decides to stop respecting it. Allodial title is “antiquated” becaues the government stopped respecting it.

According to the wikipedia entry on Allodial title,

[I]n the United States most lands are not allodial, as evidenced by the existence of property taxes

Fee simple is the highest form of ownership that any individual may generally attain in the United States. In the United States individuals cannot acquire Allodial title, because under what is essentially martial law, the Federal Government has declared itself owner of all lands, through the issuance of a Land Patent drafted and deemed sufficient by its own agents. The same Government which declares itself the rightful owner of all lands, is the arbiter who ultimately determines that you or I can’t own those lands.

There are some websites suggesting that an individual can assume the original land patent from the time when the Federal Government held land in trust for future conveyance. This looks to me very much like the spurious claims that one can record an affidavit renouncing the IRS at the local register of deeds. I doubt the applicability of these propositions with regards to one’s right to claim full Allodial title through secession (especially because they suggest that property taxes are a “contract” entered into between a landowern/tenant and the governing municpality), although the section explaining the difference between “real estate” and “land” is interesting.

Some people say that you can’t transfer or convey Allodial title to real property without it losing its Allodial status. This argument appears to be facially absurd: if you own the property as an outright freehold, you can do whatever you want with it. There is no other status to which it ought logically revert upon sale.  Then again, I’m not a legal scholar.

Some people say that Allodial title fell out of favor because it can’t be mortgaged for improvements since land held Allodially can’t be encumbered. That possibility, by itself, is only an explanation for why few properties are held in Allodium, it is not an explanation for the legal disregard of a centuries-old principle.

The current system of title and encumbrance and the governing jurisprudence is heavily influenced by the State’s laws. Any contest pertaining to this system also must be fought in one of the State’s courts. Accordingly, the State could refuse to recognize as valid, certain mortgage contracts, to the final effect of creating a disincentive to lend to Allodial titleholders.  I have no idea whether this is historical fact, or not, but I see no reason why an owner of Allodium couldn’t put up his property as collateral for a loan.

There are probably about a dozen ways that you could work around this detail through contracts and joint ownership in a free society, as long as you expunge the patently retarded notion that Allodial title can’t be conveyed; there is no reason a proper conveyance couldn’t occur if both the grantor and grantee wished it to remain a freehold, and there’s little reason to believe they wouldn’t.

If Allodial title can’t be conveyed, it’s because the State refuses to accept such conveyance as legitimate.  If the State can exercise this sort of overarching ownership interest, title is not really held in Allodium to begin with. The State cannot permit Allodium; doing so would invalidate its fraudulent claim of monopolistic ownership pertaining to all land within its arbitrarily defined, violently created and maintained borders.

The Packaged Ice Monopoly

July 1st, 2008

Three companies in packaged ice (i.e., the sort you pick up at a convenience store or gas station on your way to a barbecue or beach party) are facing conspiracy and collusion charges (permalink ice.pdf) under Sherman. Now, wherever I go packaged ice is somewhere between $1 and $2 a bag. That seems pretty reasonable to me, but let’s examine:

“The ice companies behaved as you would expect market allocators to behave: They basically charged whatever they wanted for ice because there was no competition,” said Kendall Zylstra, a suburban Philadelphia lawyer who filed the first suit in Detroit on behalf of suburban Philadelphia gas retailers that sell ice.

Zylstra would have us believe that packaged ice sells for $100 a bag.

I know a bit about anti-trust regulation, and a bit about economics, and a bit about cartels. This is the all-important consideration: cartels are inherently unstable, because the incentive exists for each member to reneg on the illicit agreement.

In all fairness, I know practically nothing about the wholesale market for ice, but consider the actual problem here. There is an alleged monopoly on the production and transportation of ice.

  • Ice is frozen water.
  • Water is everywhere.
  • Refrigerants are everywhere.
  • Transit companies with refrigerated trucks are everywhere.

If, in-fact, there was “no competition”, it’s not primarily because three companies conspired and colluded to keep prices high.

If it’s not possible to compete with one of three oligopolistic companies, it’s not because the actual market forces for the production, packaging, and transportation of ice are atypical and require some specific degree of business acumen, and a penchant for bearing greater-than-normal risk. What’s infintely more likely is that legislation and regulation are prohibitive, and new entrants have a difficult time establishing themselves.

no third solution

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