Ludington and the Private Sector

Every year when school gets out I know I can soon look forward to a family reunion at Ludington State Park. Last year I wrote about privatizing the state park, but this year I learned some interesting history to share and consider. As it is the Park’s 75th birthday this year, they were leading history walks throughout the summer, one of which my family and I attended.

The land on which the park rests was originally purchased by private owners before it was sold to the state. It was not developed until the Great Depression, when the CCC was formed. They camped on Hamilton Lake and built the beach house and other parts of the park as part of FDR’s New Deal. (Though our guide was all for the plan, I could not help thinking of “Great Myths of the Great Depression”).

The most fascinating part of the tour was learning that the Hamlin dam, which has provided us with a lake and fishing grounds for years, was a pork barrel project. It was pushed for by the owners of resorts on the other end of the lake after the old dam broke and the shoreline receded, destroying their view and swimming areas. It took me awhile to sort out my feelings on this one, as pork barrel spending is one of those things that make my skin crawl and yet it was caused by businesses which I would tend to support. Much of this feeling was probably encouraged by the tourguide’s less than enthusiastic view of the private sector. I was thoroughly disappointed that they did not just pool their resources and invest in a dam themselves. Upon further research, however, I learned that it is in fact not allowed for any private entity to build a dam on a stream on state property. This would render it impossible for the people owning these resorts to restore the value of the land themselves if they were building it on the State Park’s property. Now, maybe they were excited about the idea of using the government to spend money on the dam so they would not have to, but despite their actions, the fact that they were able to get it built as pork was a flaw of the government’s, not their’s. Though they may have found a way to use the government for a short time, they were actually entering into a realm of less freedom and more government power. Were there less regulations and were the government limited (even to the extend of not owning the land), the dam could have been a result of the resort owners pooling their money and building it themselves.

This being said, I am not the ideal campsite guest for a big government friendly tour guide.

Carry a Big (Pile of) Stick(s)

I recently attended an Institute for Humane Studies seminar that delved into how liberty should affect society (oddly similar to our purpose here at Trying Liberty). One of the presenters laid forth an interesting idea that has helped me better understand property and the notion of rights.

The professor argued that rights, and especially property rights are akin to a pile of sticks. When one owns property, it comes with a vast array of rights; the right to farm the land, the right to pasture animals on in, the right to charge admission to it, the right to build a gazebo on its premises. This is the pile of sticks, each one representing an individual right. The owner then has the ability to parcel out individual rights as they see fit, to distribute their sticks. They might see a possibility for profit and sell to another man the right the graze sheep on the land. The buyer though does not obtain all rights to that property. They cannot hunt on it, or mine its earth, they have simply bought one stick: the ability to graze sheep.

Government intervention however gets messy. It would seem o so intrusive to pass legislation saying that only this or that land right may be used. Some of the founding fathers objected to the bill of rights because they could not see how all the rights of man could be listed; it is a rather big pile of sticks.

Consequently, government entities take away from the pile of rights (sticks) slowly and individually. Thus zoning and city ordinances are filled with regulations about how close ones house can be to the curb, how high buildings can be, and how the land can be used for profit among a gross of other stipulations. They are pulling out sticks one by one, hoping citizens will not notice their pile is getting steadily smaller.

This summer Michigan has removed another significant log from the pile. The Michigan Court of appeals ruled on 2000 Baum Family Trust v. Babel that property located on plat-dedicated public roads parallel to Michigan lake shores would not have riparian rights. In laymens’terms, if you own property on a lake shore and a public road runs between your land and the lake, even if you are the closest property to the water, you no longer have docking rights in the lake. This goes against long held and defended rights of lakefront property owners and could have a significant impact on property values.

The government decreases wealth when it takes individual rights and gives them to the state. Hopefully the Baum case will be significant enough to get taxpayers to look through their city and state code books to see just how much larger their pile could and should be.

Adam Rule – MCPP

Mackinac Center Current Comment :: 17 July 2008

<>< Josh Rule : : 2008 MCPP Intern

Director of the Mackinac Center’s Property Rights Network, Russ Harding has an incredible Current Comment today.  Incredible in the sense that I can hardly believe that what He is writing is true, but I do not deny that it is.  It seems that yet another state agency in Michigan is trying to shape Michigan’s economy to its own desires through central planning.  The Michigan Economic Growth Authority (MEGA) has been doing this type of central planning since 1995, and during that time Michigan has continued to fall further and further behind, economically.  I am not saying that  MEGA caused the state’s economic woes, but they certainly have not helped to prevent or remediate them.

Yet, MEGA is not the culprit here.  Instead, it is the Department of Environmental Quality.  Someone in the department “dedicated to protecting human health and to preserving a healthy environment” has decided that the best way to protect & preserve is to selectively choose which businesses are best in which parts of the state and deny access to others based on primarily social reasoning.  Truly, this development is a dangerous one, but to find out precisely why, I encourage You to go ahead and read Russ Harding’s Current Comment.

What Does That Ruling Even Mean?

picture from www.wm.edu<>< Josh Rule : : 2008 MCPP Intern

I want to point everyone to a Michigan Messenger post about the recent ruling in District of Columbia vs. Heller.  The case was about handgun ownership and was ruled in favor of the legality of owning handguns in D.C.  The article does a decent job of explaining the anticipated fallout of the case, and how it will affect, or not affect current Michigan licensing laws and regulations on what weapons can and cannot be owned.  In short, additional precedent will be needed from cases that more broadly apply at the state level before any further regulations are removed in Michigan or any other state.  D.C. vs. Heller was put together as a case to begin a series of victories for second amendment rights, not as the conclusion of such a series.  So, continue to follow Trying Liberty, and we will try to keep you updated as new decisions are handed down from courts around the country.  Hopefully, Liberty will prevail.

Locke & Kant: Why Form a State?

John Locke & Immanuel Kant are two of the greatest philosophers in western history, and both had quite a bit to say about the state and its role in our lives. The two both argued that freedom was essential to human rationality, but they differed as to how it was affected by the formation of the state.

Locke held that men give up their ‘natural power’when they come into the state to gain the benefits of long life and peace. People create a social contract in which they give up a portion of their absolute liberty in order to gain long life and happiness, which it is the state’s duty to provide. No longer can anyone do exactly as he pleases, because he must submit to the laws of the governing body. Such is the necessary trade-off for Locke: give up the right to perfect liberty in order to gain the good of society.

Kant, on the other hand, proposed that the state is formed to protect freedom. Kant argued that in a pre-state society, any sufficiently strong person or body can coerce others into doing whatever the coercer wants. There is no true right to property or freedom or anything else, because there is no one who can protect them. Sure, a person can do exactly as he wants to do, but no one could legitimately defend him against those who oppress him. His rights, therefore, do not exist. The state, however, can enforce a monopoly on coercion, and legitimately protect the oppressed against the oppressors. Thus, Kant argued, the good of society is to preserve freedom.

Which view is right? Are either correct? Let me know what you think in the comments below.

<>< Josh Rule : : 2008 MCPP Intern