Climate Change and Property Rights

May 30th, 2012

Jonathan Adler:

My argument is that the same general principles that lead libertarians and conservatives to call for greater protection of property rights should lead them to call for greater attention to the most likely effects of climate change.  It is a well recognized principle of common law that if company A is flooding the land of person B, it is irrelevant whether company A generates lots of economic prosperity for the local community (including B).  A’s action would still violate B’s property rights, and B would be entitled to relief of some sort.  By the same token, if the land of a farmer in Bangladesh is flooded, due in measurable and provable part to human-induced climate change, why would he be any less entitled to redress than a farmer who has his land flooded by his neighbor’s land-use changes? Property rights should not be sacrificed as part of some utilitarian calculus.