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I'm sure the neighbors will be happy to sell the air rights above their buildings so that plants can get that sunlight. Which I'm sure would promptly sold by t

I'm sure the neighbors will be happy to sell the air rights above their buildings so that plants can get that sunlight. Which I'm sure would promptly sold by the garden owner o because its worth a lot of money. It's a classic, well I don't personally profit and in fact lose a little so I'll stop them from doing it -- I could try to bargain with them (compensate them, etc) but I choose not to.

ip26 8y ago
I think it's simpler than that; I think there's a subconscious application of the doctrine of prior use. If I'm using the sunlight to grow plants, I feel like somebody shouldn't be able to roll in next door and shade my garden with solar panels. There's plenty of precedent, see water law in the West.
- estebank 8y ago
  And California also has problems dealing with water pricing during draughts due to the that precedent.
pessimizer 8y ago
> I'm sure the neighbors will be happy to sell the air rights above their buildings so that plants can get that sunlight. Or the majority of the people that live somewhere will have all "air rights" controlled by the city, and dictate how tall things can be built. "Air rights" aren't a thing unless the jurisdiction makes it a thing; you can't charge a toll for planes passing overhead. Why would you "bargain" with someone who doesn't own anything that you want? You're talking about compromise, not bargaining, and that involves a friendly relationship; the kind normal people living in a home don't have with anonymous developers.
- dodobirdlord 8y ago
  > you can't charge a toll for planes passing overhead You can up to at least 365 feet, and sometimes higher depending on jurisdiction.
- stale2002 8y ago
  They almost certainly do own something that you want. That thing is usually money. I am sure that the vast majority of garden owners would be willing to accept a couple thousand dollars in exchange for having slightly less sun hitting their house.

ip26 8y ago

I think it's simpler than that; I think there's a subconscious application of the doctrine of prior use. If I'm using the sunlight to grow plants, I feel like somebody shouldn't be able to roll in next door and shade my garden with solar panels. There's plenty of precedent, see water law in the West.

estebank 8y ago
And California also has problems dealing with water pricing during draughts due to the that precedent.

pessimizer 8y ago

> I'm sure the neighbors will be happy to sell the air rights above their buildings so that plants can get that sunlight. Or the majority of the people that live somewhere will have all "air rights" controlled by the city, and dictate how tall things can be built. "Air rights" aren't a thing unless the jurisdiction makes it a thing; you can't charge a toll for planes passing overhead. Why would you "bargain" with someone who doesn't own anything that you want? You're talking about compromise, not bargaining, and that involves a friendly relationship; the kind normal people living in a home don't have with anonymous developers.

dodobirdlord 8y ago
> you can't charge a toll for planes passing overhead You can up to at least 365 feet, and sometimes higher depending on jurisdiction.
stale2002 8y ago
They almost certainly do own something that you want. That thing is usually money. I am sure that the vast majority of garden owners would be willing to accept a couple thousand dollars in exchange for having slightly less sun hitting their house.