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The Case for Lunar Property Rights

longacre writes "Who owns the moon? In a thought provoking piece, Instapundit blogger/law professor Glenn Reynolds gives us a brief history of earthlings' discourse on lunar property rights, a topic which has stagnated since the 1979 Moon Treaty. Is it possible to claim good title on land that is not under the dominion of a nation? He goes on to plead his case for the creation of lunar real estate legislation. From the article: 'Property rights attract private capital and, with government space programs stagnating, a lunar land rush may be just what we need to get things going again.'"

10 of 387 comments (clear)

  1. Re:Possession is nine tenths of the law. by legallyillegal · · Score: 5, Interesting
    Replace "Mars" with "Moon

    The investors laugh. This planet we will own, they ask, is it Earth? No? Well, then, how much is it worth? The investors explain to the Mars expert: Owning Mars-getting all the way to Mars and back-is getting to first base. In order to have a successful venture, a venture to invest in, the property must be valuable.

    How valuable? $10 billion? Hardly. A successful, manned Mars mission, according to the most optimistic estimates, would take a minimum of 10 years from planning to completion. Venture capital firms, in order to justify their high-risk investments, seek a minimum of 10 times growth in their investment over five years. And they want to be able to "cash out"-to sell their initial investment if they want to. Assuming that the $10 billion would be spent smoothly over the 10 years (i.e., tying up the capital an average of five years), means that after the successful mission, Mars would have to be worth at least $100 billion in order to justify the investment of $10 billion. A hundred billion is almost $3 an acre.

    Now, even after a successful, manned Mars mission, why would other investors pay the original venture capitalists $100 billion for Martian land? (Why would they even pay $100 million, or one million?) The land would be almost completely undeveloped. For anyone to invest in such a risky proposition, there would have to be a reasonable chance for the land to be worth at least 10 times as much five years later-one trillion dollars, 15 years after the beginning of the original project.

    That's almost $30 an acre. Today, you can still buy range land in New Mexico for $40 an acre. And that is with Earth's atmosphere included, and substantially lower transportation and energy costs.

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    ?giS
  2. The moon is already being sold... by mgblst · · Score: 3, Interesting

    http://www.lunarrepublic.com/ Or just do a google search for lunar property for a retailor in your area.

    There was a show on this on the UK Channel Four a few months ago. The UN passed a resolution saying no country can stake a claim to the moon, but some joker realised it said nothing about individuals, and claimed it for himself. He has been selling lots on the moon for years, raking in millions.

    They interviews people who have bought it, some of them are quite serious. One said she couldn't afford land for her kids on earth, but she got them something on the moon, for the future.

    1. Re:The moon is already being sold... by ejecta · · Score: 4, Interesting

      I "own" a lot of land on the moon, was given to me as a joke gift, complete with mining rights - if it turns out valid, it's one heck of a gift. If, more likely, it's just a piece of paper, it's still a really nice framed piece of paper! Complete with a map & co-ordinates of where my acre is.

      --
      Two Parts Swash, One Part Buckle
  3. Property is liberation by Anonymous Coward · · Score: 5, Interesting

    You can see the outcome of this kind of "property-is-theft" attitude in china. There land in the countryside for farming is state owned and city land is privately owned. The net result is that the poor in the cities have some hope of social mobility as there is availability of collateral to raise capital, fund enterprise and create jobs. In the country, farmers have no way to raise funds to start their own businesses or improve their farms, leaving them dependent on the state to improve their lot. Somewhat predictably the state favours uncompensated land-grabs, turning the land to more profitable (for the state) uses. All courtesy of the people.

    In short, property rights are helpful for development and reducing poverty, even though it's not immediately obvious. That does depend on the value of land use being higher than the costs, something that's not true everywhere on Earth, let alone the moon.

  4. Re:Possession is nine tenths of the law. by servognome · · Score: 4, Interesting

    Even if opening of private property on the moon is allowed, and it creates a rush to buy property, all that would happen is that the property speculators will buy it up cheap and sit on it until it is worth something. There is no incentive for them to do anything with it after they have brought it.
    That's not how many purchases of state property works, it's not about a piece of paper, nor is it about putting up a fence. Developers place bids (cash and project proposals) to develop the property and written into the contract is the requirement to meet those proposals. That prevents people from buying land and sitting on it, and contractually binds them to meet the goals set out. So a developer will make a bid on land to place a shopping mall, another may want to build an amusement park, what the sale does is allow planning of how best to use the property.
    Government sale of property isn't so much about raising money, it's about managing a limited resource.
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  5. beautiful theory.... by Quadraginta · · Score: 3, Interesting

    ...shame the historical facts squarely contradict it. Google "tragedy of the commons," or for a more concrete and squalid example look up the history of the Cabrini Green project in Chicago.

    Fact is, ownership of land has zip to do with any kind of ethereal moral justification. People want it because it makes them feel safe. Other people allow it because experience shows that when people are allowed to own land they take care of it better, preserve its resources better for the future, are more agreeable to allowing others temporary and conditional use of it (instead of defending it fanatically), et cetera and so forth.

    When land is held "in common" that just tends to mean a free for all where everyone grabs as much as he can of what's valuable about it as fast as he can before someone else beats him to it, with zero thought for the future. Sad fact o' life. All the lovely theories about how things ought to work, with, say, some other species, whose actions were driven strictly by pure logic, are quite nice -- but useless in practise.

    1. Re:beautiful theory.... by jandersen · · Score: 3, Interesting

      when people are allowed to own land they take care of it better, preserve its resources better for the future, are more agreeable to allowing others temporary and conditional use of it Exactly, as for example when mining corporations stripmine a whole mountain top away, or logging companies denude the rainforests. As for being "more agreeable ..." go and tell that to the huge landowners, not least in UK, who have fenced off about half the country to keep the bloody commoners out of their property. Capitalism and consumerism is what more than anything alse has created out environmental and climate problems.

      When land is held "in common" that just tends to mean a free for all where everyone grabs as much as he can You evidently know all there is to know, don't you? The common lands, at least in England, were tightly regulated - everybody in the community had a certain right to access and use, but it certainly wasn't a free for all, far from it. In fact "free for all" is exactly how I would describe the socalled free market that seems to be an essential part of the modern capitalist cult.
  6. Re:No property rights on ANY land by Logic+and+Reason · · Score: 4, Interesting

    As a human born on planet Earth, I have a right to a plot of land for sustenance and shelter, in reasonable proximity to where I was born. Why?
  7. location, location, location by Quadraginta · · Score: 5, Interesting

    It's a reasonable argument, but you seem to be assuming the only purpose of land is to live on. Hardly. There's a reason that range land in NM is $40 an acre and Manhattan real estate is probably roughly a million times more. It's what you can do there that matters.

    So what can you do on the Moon that would make it so fabulously valuable? Beats me. The only unique resources the Moon has (exceedingly low temperatures in the shade, unbelievably good vacuum) you can also get in orbit, where you don't have to worry about any gravity at all, and can build eight-mile wide factories out of gossamer and shoe strings, if you want.

    But it could happen. Suppose it turns out 1/6 gee allows you (don't ask me how) to grow perfect crystals of membrane-bound proteins fast and easy, something nearly impossible to do on Earth. That could lead to the possibility of rational design of fantastically valuable drugs, e.g. genuine cancer cures and the like. What would that be worth? Very likely far more than $100 billion. (The cholesterol-lowering drug Lipitor will have earned its inventors about $65 billion by the time its patent expires in 2010.)

    1. Re:location, location, location by Hognoxious · · Score: 4, Interesting

      There's a reason that range land in NM is $40 an acre and Manhattan real estate is probably roughly a million times more.
      Manhattan land is expensive because lots of people work nearby and so lots of people want to live there - simple supply and demand. With the New Mexico land you could at least raise cattle on it (they breathe air, remember).

      It's what you can do there that matters.
      Indeed, and I'm not seeing a lot that you can do on the moon. It certainly fails the comparison with Manhattan and New Mexico.
      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."