After discussing it in another thread I came to the following theory.
I think every person is entiteled to a certain minimal safety. For instance if tomorrow 1 million nuclear plants will be built near my neighborhood, there is a virtually 100% chance that one out of those plans will melt down in the next decade. Thus it is clear to me that a risk to property by itself can be considered aggression. Of course not every risk can be considered such, but only a significant risk beyond the accepted risk. An example of an accepted risk can be one tenth of a percent chance for your property to be harmed.
Following this theory, if you build a chemical factory which is considered to a pose a risk of 1/15 of a percent to property in the radius of 10 kilometers, then it should be legal for you to build this factory. However it would be illegal to build a second such factory because that would increase the risk to be more than the minimum 1/10 of percent. Yet if the risk is minimized using special safety precautions then the court may legitimize the building of the second factory (given that it undergoes periodic regulations to see that the safety measures are still in place).
In practice I think such regulations will be very rare and will only pertain to nuclear reactors and very dangerous chemical factories, dams and other such structures. But I believe that if we don’t deal with this issue we leave people with absolutely no recourse in case they are being threatened by a real and credible threat by various potentially dangerous structures located far away.