Natural Property Rights: An Introduction

This Article introduces a symposium hosted by the Texas A&M University Journal of Property Law. The is on forthcoming book, and in that book author defends theory property relying labor, natural rights, mine-run principles law. Parts I II preview main claims summarizing part chapter chapter.
 rest illustrates how introduced applies to contemporary resource dispute. studies an ongoing lawsuit styled Campo v. United States, now pending federal court. In Campo, oyster producers are suing States for inverse condemnation. class plaintiffs seek $1.6 billion just compensation U.S. Army Corps Engineers having (allegedly) killed oysters they were raising when it diverted water from Mississippi River through spillway into Gulf Coast.
 case repays study two reasons. Labor rights already at play litigation. government moved dismiss plaintiffs’ oysters, presiding judge denied motion he relied labor John Locke his Second Treatise Government. Separately, underlying dispute fairly tests any general property. raises questions about: whether should be private property; people allowed claim coastal bottoms; bottoms reconciled with public interests shoreline protection; why have institution like eminent domain; nuisance law apply government-sponsored diversion areas. If can shed helpful light all those issues, broadly enough constitute property, this satisfies standard. Along way, also shows labor- rights-based differs justifications regulation influential law, policy, scholarship.