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Lindy Davies: Land and Justice
The initial distribution of land
- the origin of property in land - is
military, legal, and political, not economic. The prime business of
nations throughout history has been to gain and defend land. What was
won by force has no higher sanction than lex fortioris, and must be
kept and defended by force.
After land is appropriated by a nation the original distribution is political. The nature of societies, cultures and economies for centuries afterwards are moulded by that initial distribution, exemplified by the differences between Costa Rica (equal partition) and El Salvador with its fabled "Fourteen Families" (Las Catorce), or between Canada and Argentina. Political redistribution also occurs within nations, as with the English enclosures and Scottish "clearances", when one part of the population in effect conquered the rest by political machinations, and took over their land, their source of livelihood. Reappropriation and new appropriation of tenures is not just an ancient or a sometime thing but an on-going process. This very day, proprietary claims to water sources, pollution rights, access to rights of way, radio spectrum, signal relay sites, landing rights, beach access, oil and gas, space on telephone and power poles (e.g. for cable TV), taxi licences, etc. are being created under our noses. In developing countries of unstable government the current strong man often grants concessions to imperialistic adventurers who can bolster his hold on power by supplying both cash up front, and help from various US and UN agencies from the IMF to the United States Marine Corps. Ordinary economic thinking today would have it that a nation that distributes land among private parties by "selling to the highest bidder" is using an economic method of distribution. Such thinking guides World Bank and IMF economists as they advise nations emerging from communism on how to privatise land. The neutrality is specious, at best. Even selling to the highest bidder is a political decision, as 19th century American history makes clear. The right to sell was won by force, is not universally honoured, and must be kept by continuous use of force. In practice, selling for cash up front reserves most land for a few with front-money advantage, inside information, good contacts, corrupt aids, etc. The history of disposal of US public domain leaves no doubt about this and it is still going on with air rights, water, radio, landing rights, fishing licenses, etc. Choices being made currently are just as tainted as those of 19th century history. Selling land in large blocks under frontier conditions is to sell at a time before it begins yielding much if any rent. It is bid in by those few who have large discretionary funds of patient money. Politicians, meantime, treat the proceeds as current revenues used to hold down other taxes today, leaving the nation with inadequate revenues in the future. The ability to bid high does not necessarily come from legitimate savings. The early wealth of Liverpool came from the slave trade. High bidders for many properties today are middle eastern potentates who neither produced nor saved the wealth they control. Other high bidders are criminals, who find the "sanctity of property" a splendid route for laundering their gains, and a permanent shelter against further prosecution. Read the whole article Mason Gaffney: Land as a Distinctive Factor of Production Landownership
imparts superior
bargaining power
Labor starves, in contests of endurance; land endures. A landowner is also a person with labor power. He or she can earn income like any worker. Landownership gives income above that, which gives discretionary spending or waiting power. In contests with capital, land has the greater waiting power because over time capital depreciates, while land appreciates. Thus landowners (when free of heavy taxation) are noted for their patience. Patience is the essence of bargaining power. Because land is fixed, more ownership by one person or group means less ownership by others. To expand is to preempt, unavoidably. Thus, the expanding agent necessarily weakens others by the same stroke that strengthens himself. Landownership often gives market power in the sale of specific commodities and services. ... Now consider the market for land titles. This is the more relevant market as to building, transferring land between uses, and changing parcel sizes. If the market for land services is slow, the market for land titles is viscous. There is no flow of supply, none at all. There is no real turnover in the sense of producing and using up. There is only ownership turnover: the market only transfers existing titles. (There is a supplemental market in long leases, not addressed here.) There are few highly motivated sellers, as there are motivated sellers of spoiling produce and obsolescing computers and vehicles. Median home-owners are motivated, when transferred to another region. Few other land sellers come close to that degree of motivation (and the median home represents more capital than land). Capital depreciates; goods spoil and obsolesce; idle labor starves; but land silently rises in value. The aggregate of all land changes hands slowly, with one or two percent turnover of ownership annually (measuring the stock by value, not number of parcels - smaller, cheaper parcels turn faster). But buyers often need adjacent land, or land in particular districts or with particular qualities, and find little or no land on the market, or land controlled by one seller. The slow ownership turnover cited above applies to total real estate, i.e. land including any buildings on it. Ownership turnover is even slower for bare land. If the average building lasts 50 years, only 2% of the land is available for re-use in any given year. Only a fraction of that 2% is for sale; the rest is renewed by the same owner. Whoever wants to buy available land in any particular area is unlikely to be faced with the "many sellers" premised by the competitive model.... read the whole article Mason Gaffney: Privatizing Land Without Giveaway (1990) In a massive general land sale,
most land would be bid up
by a small number of buyers with surpluses of "patient money," many of
them looking toward use or resale in the distant future. These buyers
are the kind stigmatized as "land speculators," for their traditional
indifference to highest and best current use of land. ... read the whole article
Mason Gaffney: Oil and Gas Leasing: a Study in
Pseudo-SocialismPseudo-Socialism is what
happens when resources in the
public domain are leased below a market rental, giving away part of
the public interest. That has the effect of installing the
lessee as though he were the owner. The BLM, leasing grazing
privileges on Federal lands in the west, has fallen into this pattern
conspicuously and notoriously, subject to pressure from western
Senators who have the power of many votes in the U.S. Senate relative
to their state populations. The dollar values are small, but the
object lesson is visible, depressing, and cautionary.
Another aspect of Pseudo-Socialism, practised by Interior Secretary James Watt, is to offer for immediate sale, for spot cash, much more than the current market can absorb. For example, in April, 1982, Interior leased out coal reserves in the Powder River Basin of Wyoming and Montana. The sale comprised 1.6 billion tons, at 3.5 cents/ton. Leases were for 50 years, with few development requirements. The industry already had a 200 year supply under lease, with the result that few bid, and they bid low. The winning bidders were a tiny number of huge corporations, those with slack money to buy reserves for the far future. Meantime, on the Outer Continental Shelf (OCS), a billion acres (ten times the area of California) was to be leased before 1984. Before that, major oil firms had about 1/5 of that area under lease, looking many years or several decades ahead of need. This helps explain why a recent Alaska sale, an old Naval Petroleum Reserve (NPR 4), fetched only 14% of the anticipated amount. Who buys to hold these vast reserves for distant future use? They are of investment grade only for those with waiting power. Unripe lands and resources are probably the most closely held assets there are. Poor people and small businessmen need busy capital right now. Only a few of the wealthiest people have the deep pockets and slack money to buy far ahead, to maintain high reserve/output ratios. These markets in far future values are their special preserve. What is being bought? Are these
not "leases," contracts to pay
rent? No, these leases are not that. Here is the heart of
Pseudo-Socialism. The U.S. Government leases mineral-prone lands
under the "Bonus Bid System,"
whereby most of the payment is required
up front in spot cash. This makes a "lease" more like a sale, a sale
in which buyers are screened by their banking connections rather than
by their ability to find and produce hydrocarbons. ... Read the whole article Mason Gaffney: Who Owns Southern California?
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