Celebrating humanity's flourishing through the spread of capitalism and the rule of law
12 Mar 2024 Leave a comment
in energy economics, environmental economics, global warming, law and economics, property rights Tags: noise pollution, wind power
Freedom from wind turbine noise nuisance isn’t a “concern”; it’s a hard-won legal “right” based on the lawful entitlement to sleep comfortably in your own home – a right (not a privilege) that’s been upheld against the mighty, rich and powerful for close to 200 hundred years. The grinding, thumping cacophony generated by giant industrial […]
Irish High Court Slams Wind Turbine Operator For Noise “Like Aeroplanes that Never Land”
07 Oct 2022 Leave a comment
in applied price theory, applied welfare economics, comparative institutional analysis, David Friedman, economics of crime, economics of information, environmental economics, history of economic thought, industrial organisation, law and economics, property rights, resource economics, Richard Posner, Ronald Coase Tags: air pollution, noise pollution
06 Aug 2015 1 Comment
in applied price theory, applied welfare economics, economics of regulation, industrial organisation, law and economics, politics - New Zealand, property rights, Public Choice, rentseeking, Richard Epstein, survivor principle Tags: common law, economics of agriculture, food snobs, green rent seeking, land use conflicts, land use planning, law of nuisance, noise pollution, nuisance, old common law, organic farming, Richard Epstein, William Blackstone, zoning
Writing this blog of sound mind and sober disposition, I still have considerable sympathy with two organic farmers over a land use conflict they have with the neighbouring gun range.
Local land use regulations allows a gun club to set up 600 m away with competitive shooting days all day for 88 days a year. That is a voluntary self restraint. They could hold shooting competitions every day of the year. The local land use regulations allow the use of guns on rural land. The gun club used this absence of a prohibition on the use of guns in the frequency of use to set up a gun range to fire guns all day long on rural land.
Now here is the rub. There something wrong with the concept of quiet enjoyment of your land if a neighbour can fire off a large amount of noises continuously. The occasional noise, the occasional gunshot yes, but all day? I live near the airport, but I knew it was there when we bought the property and the lands was a little cheaper because of that.
The organic farmers are unusually pristine and prissy about what they want by neighbours to protect the sacredness of their more expensive snob food. I’m not too sure whether they would want to grant their neighbours an equal right to unusual land uses such as opening a gun range. That said, the organic farmers do have a point about a very noisy neighbouring land use that can be heard some distance away.
The organic farmers, of course, could have negotiated with their neighbours for covenants to restrict land use that undermine there are unusually pristine requirements for quiet enjoyment of their land and their neighbours land too. Easy to do when the land is first unused, but once economic activity accumulates, not so easy in terms of transaction costs and hold-outs.
Celebrating humanity's flourishing through the spread of capitalism and the rule of law
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