Tag: property rights

Judge rules that Ligado’s $39 billion lawsuit against federal government can proceed

9:32 am

A federal judge has now ruled that the $39 billion lawsuit by the satellite company Ligado against the federal government can move forward.

In October 2023, Ligado sued the government for $39 billion over claims that officials at the Departments of Defense and Commerce took “unlawful actions” to, in effect, improperly seize without compensation the firm’s L-band spectrum. In January, the government had asked a judge to dismiss the suit. Today Judge Edward J. Damich of the US Federal Claims Court ruled in part in favor of Ligado and in part for the government over aspects of the case, but ultimately said the case “may proceed.”

Essentially, after the FCC had awarded this spectrum to Ligado, the feds stepped in to take it away for its own use. The company argued that once it was given that spectrum to use for its satellites it was essentially its property, and that the seizure without due compensation was an illegal taking under the Fifth Amendment to the Constitution. This court decision allows this lawsuit to proceed.

The reason these federal agencies seized the spectrum this that they believe Ligado’s satellite constellation would interfere with GPS, something the FCC disputed in awarding the spectrum. Whether the company will win in court remains unclear.

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Battle over ownership of dinosaur fossils could upend paleontology research

10:01 am

A dispute over the land rights on a property where several significant and valuable dinosaur fossils have been discovered could completely change how future fossil digs are run.

The fight is between the ranchers who own the surface rights to the property in question, and the owners who possess the mineral rights. The latter are claiming, and have won in federal court, that fossils are minerals and thus belong to them.

That court decision however upturned more than a century of practice, where fossils were always considered part of the surface rights only.

The ruling sent shock waves through the paleontology world, threatening to upend the way fossil hunters have operated for decades.

It would make searching for fossils extremely complicated, said David Polly, a former president of the Society of Vertebrate Paleontology, based in Bethesda, Maryland, because paleontologists would need to navigate both surface ownership—to get to the dig location—and mineral ownership of a parcel. Often, mineral rights are hard to find and frequently change hands between large corporations.

The article says this decision could threaten previous finds, but I think that is hyperbole. On issues like this the statue of limitations would apply, and would make almost all challenges on earlier fossil finds moot.

Nonetheless, the issue is still before the courts. The federal court has decided to vacate its decision and has instead let the case shift to the state supreme court in Montana, which is expected to take up the case later this year.

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Supreme Court limits government’s attempt steal land for endangered species

11:12 am

The Supreme Court today ruled against the federal government’s attempt to designate private land as a habitat for an endangered species, even though that endangered species doesn’t even inhabit that land.

In a unanimous ruling the justices rejected the federal government’s attempt to designate roughly 1,500 acres in Louisiana as critical space for the dusky gopher frog. “Only the ‘habitat’ of the endangered species is eligible for designation as critical habitat,” Chief Justice John G. Roberts Jr. wrote in the opinion.

The frog hasn’t lived on the land in five decades, having shifted to neighboring counties. But the government, fearing future events might push the frog back, sought to designate the land, which would have imposed severe restrictions on what the owners could do with it.

Consider the chutzpah of the federal government in attempting to do this. If the court had ruled in their favor, it would have allowed them to designate any piece of property anywhere in the country as a habitat for any species, and thus negate all property rights, forever.

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How the “internet of things” robs us of our rights

2:29 pm

Link here. Key quote:

One key reason we don’t control our devices is that the companies that make them seem to think – and definitely act like – they still own them, even after we’ve bought them. A person may purchase a nice-looking box full of electronics that can function as a smartphone, the corporate argument goes, but they buy a license only to use the software inside. The companies say they still own the software, and because they own it, they can control it. It’s as if a car dealer sold a car, but claimed ownership of the motor.

This sort of arrangement is destroying the concept of basic property ownership. John Deere has already told farmers that they don’t really own their tractors but just license the software – so they can’t fix their own farm equipment or even take it to an independent repair shop. The farmers are objecting, but maybe some people are willing to let things slide when it comes to smartphones, which are often bought on a payment installment plan and traded in as soon as possible.

How long will it be before we realize they’re trying to apply the same rules to our smart homes, smart televisions in our living rooms and bedrooms, smart toilets and internet-enabled cars?

This is once again why, when I buy something, I try to find the stupidest version I can. It is why I don’t use a smart phone, since all the companies that work with them do not respect my privacy. It is why I avoid Google and Facebook, for the same reasons. In every case, there is an immoral component to the actions of these companies, and it is the personal responsibility of each individual to not participate in or endorse such behavior.

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Luxembourg revises space law to address Outer Space Treaty

8:11 pm

Luxembourg has revised its proposed new space law in order to try to address the property right concerns posed by the Outer Space Treaty.

The legislation is patterned on the U.S. Commercial Space Launch Competitiveness Act of 2015, which includes provisions that grant U.S. companies the rights to resources they extract from asteroids or other celestial bodies. One difference, Schneider said, will be that while the U.S. law requires companies to be based in the country, Luxembourg’s protections would cover companies regardless of their location. “We don’t really care where the money comes from,” he said.

The bill also creates a system for the authorization and continuing supervision of commercial space activities that are regulated by the country. The lack of similar policy in the United States for “non-traditional” commercial space activities like asteroid mining — required, many argue, in order to comply with Article 6 of the Outer Space Treaty — has been an issue debated in the last few years.

…Luxembourg is also in the process of creating a national space agency, Schneider said. The country is a member of the European Space Agency but has not previously had its own national agency. However, he said the agency will be structured differently than those in other countries. “This space agency will not be a copy of NASA or ESA, but it will be a space agency whose only focus on the commercial use of space resources,” he said. It will be set up a public-private partnership between the government and private funds.

I would say that the competition in space is definitely now heating up. These actions by Luxembourg might not solve the legal problems with the Outer Space Treaty, but they will certainly up the pressure on the world’s space-faring nations to face the issue.

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Holder bars use of federal law to seize private property

3:55 pm

Good news: Attorney General Eric Holder on Friday barred state and local police from using federal law to seize any private property unless an actual crime is being committed.

Holder’s decision allows some limited exceptions, including illegal firearms, ammunition, explosives and property associated with child pornography, a small fraction of the total. This would eliminate virtually all cash and vehicle seizures made by local and state police from the program. While police can continue to make seizures under their own state laws, the federal program was easy to use and required most of the proceeds from the seizures to go to local and state police departments. Many states require seized proceeds to go into the general fund.

A Justice official, who spoke on the condition of anonymity in order to discuss the attorney general’s motivation, said Holder “also believes that the new policy will eliminate any possibility that the adoption process might unintentionally incentivize unnecessary stops and seizures.”

As much as I think Holder has been a dishonest and corrupt attorney general who has used his power to attack his political opponents, this decision by him should be lauded highly. It was the right thing to do.

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Two Republican senators propose limiting ability of government to confiscate property

11:30 am

Theft by government: Chuck Grassley (R-Iowa) and Rand Paul (R-Kentucky) are both proposing limits to the federal government’s ability to confiscate private property.

Since these confiscations are essentially unconstitutional and illegal, “limiting” the government’s ability here to me seems to be a weak response. These confiscations should cease entirely, now. Still, at least these Republicans are making sounds they want to do something about this fascist behavior.

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Philadelphia’s District Attorney likes to steal homes

9:23 am

Theft by government: Having broken no law, a Philadelphia husband and wife were evicted from their home and the house taken from them by the DA’s office, which stood to personally profit from the confiscation.

The nightmare began when police showed up at the house and arrested their 22-year-old son, Yianni, on drug charges — $40 worth of heroin. Authorities say he was selling drugs out of the home. The Sourvelises say they had no knowledge of any involvement their son might have had with drugs.

A month-and-a-half later police came back — this time to seize their house, forcing the Sourvelises and their children out on the street that day. Authorities came with the electric company in tow to turn off the power and even began locking the doors with screws, the Sourvelises say. Authorities won’t comment on the exact circumstances because of pending litigation regarding the case.

Police and prosecutors came armed with a lawsuit against the house itself. It was being forfeited and transferred to the custody of the Philadelphia District Attorney. Authorities said the house was tied to illegal drugs and therefore subject to civil forfeiture. In two years, nearly 500 families in Philadelphia had their homes or cars taken away by city officials, according to records from Pennsylvania’s attorney general.

This quote from later in the article is also key: “The very authorities taking the property appear to be profiting from it, according to Pennsylvania state records.”

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Facebook’s Instagram has updated its terms and conditions so that it now claims “perpetual” ownership to all photographs posted by users.

8:51 am

Facebook’s Instagram has updated its terms and conditions in order to claim “perpetual” ownership to all photographs posted by users.

“You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such,” the new terms say. That may let advertisers use teenagers’ photos for marketing, raising privacy and security concerns, Jeffrey Chester, executive director for the Center for Digital Democracy, told Bloomberg.

And people wonder why I am not on Facebook.

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The Obama administration has extended the power of the ATF to “seize and administratively forfeit property involved in controlled-substance abuses.”

4:32 pm

Theft by government: The Obama administration has extended the power of the ATF to “seize and administratively forfeit property involved in controlled-substance abuses.”

In other words, if the ATF thinks a drug crime has occurred, it now has the right to seize any property involved, without due process. The article gives a particularly pointed example:
» Read more

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A Texas woman did not want a smart meter installed in her home, and when the power company employee would not take no for an answer she stopped him — by showing him her legal gun.

4:09 pm

A Texas woman did not want a smart meter installed in her home, and when the power company employee would not take no for an answer she stopped him — by showing him her legal gun.

She placed herself between the installer and her old meter but, “He just kept pushing me away.” That’s when she showed him her handgun. “He saw it, and went back the other way.”

The response of the power company is also interesting.

“We are deeply troubled by anyone who would pull a gun on another person performing their job,” reads a statement from the company. “CenterPoint will be taking additional steps – including court actions – because what happened is dangerous, illegal and unwarranted.”

First, the employee was on this woman’s property. Second, it appears the employee pushed the woman. Since when is it illegal to protect both your property and your person from assault?

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A new bill in Congress would clarify the rights of 1960s astronauts to the space-flown artifacts they took home after their flight.

6:01 pm

A new bill in Congress would clarify the rights of 1960s astronauts to the space-flown artifacts they took home after their flight.

What I don’t like about this is that it is so specific, only protecting the rights of the astronauts from the 1960s. Why not extend these rights to all those who fly on NASA missions?

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Occupy Wall Street Thugs Confiscate Man’s Home

9:42 am

Thugs: Occupy Wall Street has stolen a man’s home.

The real property owner is livid because he could be raising his two little girls, Imani, 3, and Kwazha, 10, in the two-story home instead of in a meager, two-bedroom rental in Brownsville while he tries to sort out his mortgage nightmare. … “[OWS] told me not to talk to them [reporters] because they [OWS] had an offer for me,” he said.

At a second meeting after the press conference, however, organizers said they would not pay him for the house. At that point, he told them to leave. Inside the house the walls are knocked down and all of his belongings, including a stove, refrigerator and bedroom furniture, have been moved to the basement.

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A NASA inquiry into the ownership of a variety of space artifacts, including Jim Lovell’s Apollo 13 checklist, has halted their sale at auction.

10:56 am

Power grab: A NASA inquiry into the ownership of a variety of space artifacts, including Jim Lovell’s Apollo 13 checklist, has halted their sale at auction.

In other words, it appears that NASA management has decided that everything ever built by NASA belongs to NASA, forever, even if NASA would have thrown it away at some point.

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FBI sees drop in violent and property crimes in every region of the U.S.

10:24 pm

Some good news: The FBI is reporting a drop in violent and property crimes in every region of the U.S for the first half of 2011.

As the report above notes, this drop has occurred during “tough economic times,” illustrating once again that the leftwing claim that “tough economic times” causes violence and crime is dead wrong. If a society knows the difference between right and wrong while respecting property rights, poverty by itself will not lead to crime. What will lead to crime is a rejection of these values, which not only promotes bad behavior (stealing and violence) but also leads to more poverty and the collapse of society.

With this in mind it is therefore interesting to reflect on many of the actions and ideas of the Occupy Wall Street movement. Is this what we really want for America?

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Why Are Indian Reservations So Poor?

7:45 pm

Why are Indian reservations so poor? (Link fixed. Sorry.)

The vast majority of land on reservations is held communally. That means residents can’t get clear title to the land where their home sits, one reason for the abundance of mobile homes on reservations. This makes it hard for Native Americans to establish credit and borrow money to improve their homes because they can’t use the land as collateral–and investing in something you don’t own makes little sense, anyway.
…
“Markets haven’t been allowed to operate in reserve lands,” says [Manny Jules, a former chief of the Kamloops Indian band in British Columbia]. “We’ve been legislated out of the economy. When you don’t have individual property rights, you can’t build, you can’t be bonded, you can’t pass on wealth. A lot of small businesses never get started because people can’t leverage property [to raise funds].

Hat tip Ace of Spades.

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India pushes for a sharing of intellectual property rights at Durban climate talks

9:40 am

India pushes for a sharing of intellectual property rights at Durban climate talks.

If you ever had any doubts about the political goals behind the global warming movement, this headline and story should put those forever to rest. The advocates of climate change really don’t care about climate change. What they really want is to get their hands on other people’s success. Failing to get a deal that would limit the activities of the developed countries so that the developing countries would have an advantage in the free market, the effort is now aimed at attacking and even eliminating the property rights of private technology companies. What this has to do with climate change is beyond me.

That India is leading the way here is puzzling, however, as that country’s economic success in the past decade is solely due to its abandonment of communist ideals in favor of capitalism and the free market. You would think, with that experience, that India’s government would thus understand the importance of protecting property rights, not violating them.

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Apollo astronaut has been forced to return camera to NASA

7:43 am

Apollo astronaut Edgar Mitchell has been forced to return to NASA the camera he used on the Moon.

[He had been allowed to keep the camera after his return in accordance with] a practice within the 1970’s astronaut office that allowed the Apollo astronauts to keep equipment that hadn’t been intended to return from the moon so long as the items did not exceed weight limitations and were approved by management.

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NASA steals moon rock given to widow of NASA engineer

7:53 am

In a sting operation, NASA steals a moon rock from the widow of an retired NASA engineer.

Five months after NASA investigators and local agents swooped into the restaurant and hailed their operation as a cautionary tale for anyone trying to sell national treasure, no charges have been filed, NASA isn’t talking and the case appears stalled. The target, Joann Davis, a grandmother who says she was trying to raise money for her sick son, asserts the lunar material was rightfully hers, having been given to her space-engineer husband by Neil Armstrong in the 1970s.

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Police confiscate a woman’s legal guns, refuse to return them

6:18 pm

Fire them! Police confiscate a woman’s legal guns, then refuse to return them despite admitting they are legally owned.

Her cache [of weapons] somehow caught the attention of Lakewood Police, who paid a visit last September. When they found Rice wasn’t home, they asked an obliging employee of the complex to open up the apartment without her consent. Once inside, they raided the gun rack, making off with 13 firearms worth around $15,000. The only problem: They had no apparent reason to. [emphasis mine]

Not only did the police essentially steal her property, they entered her apartment illegally.

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