If I found an un-owned patch of land, homesteaded an airport, and my control tower regularly directed the air traffic around my airport. Would that be sufficient for homesteading the airspace around the airport?
If so, would you expect an airport to charge a plane a fee to fly through the airspace, or allow planes to fly through it for free, just bundling the air-controlling fee with the terminal/parking fees?
What if someone else wanted to open another airport within the same airspace, kind of like JFK, Newark, and LaGuardia are all in the same airspace? Would you expect the airport that owns the air to prohibit another airport from using it? Would it charge the new airport a fee?
Homesteading doesn’t give you the ownership if property. It gives you your labor, and nothing else. If someone else can act without attacking your labor, they are within their libertarian rights.
So if someone can fly a plane thru airspace without harming your labor, you have no claim against them. In between your airport’s flights, prohibiting someone else from using the airspace means you’re guilty of forestalling homesteading.
How could one then homestead a fishery. Given what you just said, I wouldn not be able to homestead a block of an ocean/lake no? Because others could just sail around me. Wouldn’t this just lead to the same tragedy of commons that we currently have? It seems you would need to own a block of the ocean for it to be any useful as property.
Yes, if you homestead something without injuring the rights of others, then it becomes your property.
So if you have the only airport in the city and use the airspace for your flights, you are the owner of the airspace (of course that does not mean you own all the air in the city ). If somebody else starts intruding into your airspace, like airplanes from a competing airport, it constitutes trespass. At the same time, if you intrude into somebody else’s airspace, you commit trespass.
If your planes are only flying above, say, the West part of the city, another airport can homestead the space above the East part of the city, without intruding on your airspace.
So as in many similar questions, it is important to know who came first and what exactly was homesteaded. The practical aspects of who is supposed to pay to whom and in what way will depend on the owners and the arrangements with ‘visiting’ planes.
). If somebody else starts intruding into your airspace, like airplanes from a competing airport, it constitutes trespass. At the same time, if you intrude into somebody else’s airspace, you commit trespass.