December 13, 2007
Free Minds, Free Markets, Squatters, and Stolen Electricity?

Jesse Walker approvingly posted ("22 Floors of Freedom") a tale of squatters taking over an abandoned building in Brazil:

But after a two-decade absence, the original owners apparently wanted it back. I'm sure there's more to this story than I now know, but based on what I've read so far, I'd say cases like this are why adverse possession laws are a good idea, despite their occasional abuses.

Commenters have responded with disapproval; e.g.,

An army of vagrants, drunks and hobos steals a valuable property from its lawful owner, and this get labelled as "freedom"? Good call comrade.

Maybe Walker's right in this instance (Your thought? I've opened comments for a day or two), but he seems to have a fondness for such activities. To wit, he previously wrote approvingly of "neighborhood assemblies" (communes?) in Argentina stealing electricity (Dec 2002 edition of Reason):

The most famous of these are the neighborhood assemblies that have sprouted in the cities, especially Buenos Aires, as an alternative to normal party politics. The function and makeup of these bodies vary from one assembly to another. They have naturally attracted the usual would-be vanguards of the socialist revolution, and many are, in the words of The Economist, mere "talking shops for bearded leftists."

Others, however, have bought food in bulk at reduced prices, set up canteens and community gardens, opened neighborhood banks, negotiated with landlords and utilities, and sent their best tinkers to reconnect members to the power grid when they fall behind on their bills.

That bit about tinkers reconnecting people who've fallen behind on electric bills translates to allowing people disconnected for nonpayment to steal electricity from the grid. That's theft.

Posted by E. Frank Stephenson at 12:22 PM in Economics

Comments

Yup, it's theft. I mentioned it because I didn't want to paper over it, not because I endorsed it.

Posted by: Jesse Walker at December 13, 2007 10:33 PM

I cannot say that I find adverse possession to be a particularly favorable law. Despite my searches, I still have yet to find anything that excludes non-usage from our private property rights. And since adverse possession was originally created to promote land development, I think it is antiquated in its purpose.

Further, it encourages individuals like the homeless to squat on land. They have nothing to lose by being charged with Trespass - unlike those who prefer clean criminal records.

Lastly, the good news is that Georgia has closed the loophole that allows "land-stealing". In Georgia, you must be "pure of heart". (Only in a Southern state would this phrase apply). That is, a person must believe in good faith that the land is their own. I would imagine that this makes Adverse Possession claims extremely difficult to sustain, which I think is a step in the right direction.

I will now go measure my lawn.

Posted by: J Fowler at December 17, 2007 03:46 PM

The statesman who should attempt to direct private people in what manner they ought to employ their capitals would not only load himself with a most unnecessary attention, but assume an authority which could safely be trusted, not only to no single person, but to no council or senate whatever, and which would nowhere be so dangerous as in the hands of a man who had folly and presumption enough to fancy himself fit to exercise it. -Adam Smith

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