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A purely private system could be imagined where individuals could seek redress for damages. The private property argument generally doesn't give an owner the r
by aww_dang 5y ago
A purely private system could be imagined where individuals could seek redress for damages.
The private property argument generally doesn't give an owner the right to interfere with another property owner's use of property. Private courts and contract law are often promoted as part of this argument. Even within the public law system there are noise ordinances.
One difference might be where a manufacturing facility is causing quantifiable damages in the form of pollution, yet a public regulator such as the EPA determines that the pollution is within their guidelines. In this case the property owner may have little or no recourse against the pollution. Another case could be the state building an interstate highway through a neighborhood, causing pollution and diminishing the quality of life for residents.
https://www.nyclu.org/en/campaigns/i-81-story https://www.nyclu.org/en/campaigns/i-81-story