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27-560: Kenny Lake is a farming community - one of the last to be homesteaded in America . Kenny Lake is a census-designated place (CDP) in the Copper River Census Area, Alaska , United States. At the 2020 census the population was 234, down from 355 in 2010. Kenny Lake is located at 61°42′12″N 144°53′48″W  /  61.70333°N 144.89667°W  / 61.70333; -144.89667 (61.703384, -144.896546). According to

54-426: A new form or increase has been given to a thing grants him title to these fruits (Paragraph 52) . Libertarian philosopher and Austrian School economist Murray Rothbard argued that homesteading includes all the rights needed to engage in the homesteading action, including nuisance and pollution rights. He writes: Rothbard interpreted the physical extent to which a homesteading act establishes ownership in terms of

81-447: A person the freedom to mix his or her labor with natural resources , converting common property into private property . Locke concludes that people need to be able to protect the resources they are using to live on their property and that this is a natural right . Nozick used this idea to form his Lockean proviso which governs the initial acquisition of property in a society, but in order for his ideas of ownership of property to get off

108-403: A thing not owned by any one and by labor, or, as is said, by specification, the tradition of all ages as well as the teaching of Our Predecessor Leo clearly testifies. For, whatever some idly say to the contrary, no injury is done to any person when a thing is occupied that is available to all but belongs to no one; however, only that labor which a man performs in his own name and by virtue of which

135-468: Is because honest argumentation must presuppose an intersubjectively ascertainable (i.e. justifiable) norm , and all norms not relying on the original establishment of a physical (and therefore evident) link to the owner are subjective in nature, and therefore contradict the presuppositions of argumentation. He writes: Ayn Rand did not elaborate on the characteristics of homesteading, but she expressed support for compatible laws such as favourably citing

162-416: Is enough, and as good, left in common for others". The Lockean proviso maintains that appropriation of unowned resources is a diminution of the rights of others to it, and would only be acceptable if it does not make anyone else worse-off. In his encyclical Quadragesimo Anno , Pope Pius XI affirmed homesteading as the source of ownership: That ownership is originally acquired both by occupancy of

189-475: Is never considered under Nozick's proviso. Karl Widerquist and Grant McCall argue that even weak versions of the proviso, such as the one used by Nozick, are unfulfilled by contemporary societies. The poorest people today, even in wealthy nations, are worse off than they could reasonably expect to be in a stateless hunter-gatherer band that treats the environment as commons that cannot be owned by anyone. They write, "Establishing hunter-gatherer quality-of-life as

216-418: Is one of the foundations of Rothbardian anarcho-capitalism and right-libertarianism . In Islam, a "dead" land (not previously owned or under use by the public) can be owned by "reviving" it, as per the prophetic saying: "If anyone revives dead land, it belongs to him, and the unjust root has no right." This principle, however, does not deprive the community from some common rights in the land, including

243-546: Is the ownership of resources passing across property, such as streams or rivers, to which others downstream may assert property / water rights, and underground resources, such as subterranean water and minerals. For limits to ownership above land, an old principle in the law is ad coelum , meaning that property rights extend "to the sky" (and below the earth). In the past, rights to "the sky" have been unenforcable – birds need take little notice of humans' overhead property rights – but with modern technology extending human reach,

270-459: The Homestead Act (1862): Linda and Morris Tannehill argued in their 1970 book The Market for Liberty that physically claiming the land (e.g. by fencing it in or prominently staking it out) should be enough to obtain good title: There are two different legal systems from which land ownership, and its scope, derive: Common law and statute law . A frequent issue of contention in both cases

297-518: The United States Census Bureau , the CDP has a total area of 194.58 square miles (504.0 km), of which, 194.50 square miles (503.8 km) of it is land and 0.08 square miles (0.21 km) of it (0.04%) is water. Kenny Lake first appeared on the 1990 U.S. Census as a census-designated place (CDP). As of the census of 2000, there were 410 people, 143 households, and 96 families residing in

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324-608: The CDP was $ 13,121. About 22.7% of families and 25.9% of the population were below the poverty line , including 22.6% of those under age 18 and 11.8% of those age 65 or over. Homestead principle The homestead principle is the principle by which one gains ownership of an unowned natural resource by performing an act of original appropriation . Appropriation could be enacted by putting an unowned resource to active use (as with using it to produce some product ), joining it with previously acquired property, or by marking it as owned (as with livestock branding ). Homesteading

351-432: The CDP. The population density was 2.1 inhabitants per square mile (0.81/km). There were 190 housing units at an average density of 1.0 per square mile (0.39/km). The racial makeup of the CDP was 82.68% White , 10.24% Native American , 0.49% Asian , 2.68% from other races , and 3.90% from two or more races. 5.85% of the population were Hispanic or Latino of any race. Of the 143 households, 40.6% had children under

378-515: The Lockean Proviso's first-come-first-served approach as "morally dubious". He uses the example of someone claiming a beach as "their own" and charging admission in exchange for lifeguarding service. This would satisfy the proviso because it doesn't make anyone's life "worse" but it fails to consider how much better off everyone would be if someone owned the beach and charged only 50 cents for better service. He continues that this superior alternative

405-575: The Lockean proviso to be grounds for a Blockian Proviso more in line with the very "logic of homesteading. " French researcher Ai-Thu Dang has criticized Nozick's reading of the Lockean proviso, saying it denatures its meaning, especially Locke's "articulation to moral rules governing enrichment". Socialist critics of the Proviso such as G.A. Cohen point to the issue that the Proviso does not take into account previously existing inequalities. Cohen describes

432-425: The age of 18 living with them, 57.3% were married couples living together, 4.2% had a female householder with no husband present, and 32.2% were non-families. 27.3% of all households were made up of individuals, and 9.8% had someone living alone who was 65 years of age or older. The average household size was 2.87 and the average family size was 3.52. In the CDP, the age distribution of the population shows 32.4% under

459-399: The age of 18, 6.6% from 18 to 24, 26.8% from 25 to 44, 24.6% from 45 to 64, and 9.5% who were 65 years of age or older. The median age was 36 years. For every 100 females, there were 113.5 males. For every 100 females age 18 and over, there were 116.4 males. There are also large numbers of wild geese. Males had a median income of $ 40,938 versus $ 21,875 for females. The per capita income for

486-420: The concept of adverse possession ("squatters' rights"). Murray Rothbard criticized this doctrine as incompatible with his own homestead principle as a literal application prevent aircraft from traveling over someone's land, further arguing: So long as the aircraft did not damage or disturb the land, the owner would not have a claim. By the same principle, ownership of mineral and water resources on or under

513-524: The drinking of another man, though he took a good draught, who had a whole river of the same water left him to quench his thirst. And the case of land and water, where there is enough of both, is perfectly the same. The phrase Lockean proviso was coined by libertarian political philosopher Robert Nozick in Anarchy, State, and Utopia . It is based on the ideas elaborated by John Locke in his Second Treatise of Government , namely that self-ownership allows

540-524: The ground and be cogent he devised the criterion to determine what makes property acquisition just, which is the proviso. The proviso says that although every appropriation of property is a diminution of another's rights to it, it is acceptable as long as it does not make anyone worse off than they would have been without any private property. Locke's proviso has been used by Georgists , socialists , and Basic Income advocates to point to land acquisition as illegitimate without compensation. In Georgism ,

567-433: The idea of ad coelum rights may change. Common law provides the ad coelum ("to the sky") doctrine by which landowners own everything below and above the land, up to the sky and below the earth to its core, with the exception of volatile minerals such as natural gas . The rules governing what constitutes homesteading were not specified by common law but by the local statutory law . Common law also recognizes

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594-512: The land would also require homesteading, otherwise being left unowned. In the 19th century, a number of governments formalized the homestead principle by passing laws that would grant property of land plots of certain standardized size to people who would settle on it and "improve" it in certain ways (typically, built their residence and started to farm at least a certain fraction of the land). Typically, such laws would apply to territories recently taken from their indigenous inhabitants , and which

621-418: The particular resource or industry in question. Hungarian political philosopher Anthony de Jasay argued that a homesteader, having a claim prior to any other, must be prima facie considered the owner of the resource, in accordance with the principle "let ownership stand": Similarly to de-Jasay, Hans-Hermann Hoppe argues that the denial of the homesteading rule entails a performative contradiction . That

648-495: The possession of land is proper only so long as the market rent is paid to the relevant community. If a plot of land has a positive rent, that implies that there is not land of similar quality freely available to others. Libertarians of the modern Austrian School and anarcho-capitalist traditions such as Murray Rothbard have accepted Locke's other views on property whilst rejecting the Lockean proviso. Some take Anarcho-Capitalist economist Walter Block and his rejection of

675-440: The relevant "technological unit", which is the minimal amount necessary for the practical use of the resource. He writes: If A uses a certain amount of a resource, how much of that resource is to accrue to his ownership? Our answer is that he owns the technological unit of the resource. The size of that unit depends on the type of good or resource in question, and must be determined by judges, juries, or arbitrators who are expert in

702-499: The right to pass water through it to the neighbor's land, for example. In his 1690 work Second Treatise of Government , Enlightenment philosopher John Locke advocated the Lockean proviso which allows for homesteading. Locke famously saw the mixing of labour with land as the source of ownership via homesteading: Furthermore, Locke held that individuals have a right to homestead private property from nature only so long as "there

729-515: The state would want to have populated by farmers. Examples include: Lockean proviso Nor was this appropriation of any parcel of land, by improving it, any prejudice to any other man, since there was still enough and as good left, and more than the yet unprovided could use. So that, in effect, there was never the less left for others because of his enclosure for himself. For he that leaves as much as another can make use of, does as good as take nothing at all. Nobody could think himself injured by

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