Over-Index On Property Rights Or Have None

Erosion Is Powerful - It Happens Slowly Then Suddenly

The protection of air rights is essential to ensuring individual liberty and economic freedom, as it allows individuals to use their land without undue interference from the government or neighbouring property owners. - Walter E. Williams, Professor Emeritus of Economics at George Mason University

The right to deal with individual air rights is one of the most fundamental elements of freedom. To own it, sell it, use and permit entry and exit is the very foundations of growth and security. But this can be eroded, and we can’t assume no one will try and take these valuable rights.

What does it mean in a country, and for its people where these rights that we take for granted are not as strong. In many cases, they are crying out for a rule of law like the US or UK. Air rights and property are some of the strongest rights we have, and seeing how they can be misused or removed is why we need to prevent their erosion at all costs.

It’s clear that allowing private air rights to be used or co-opted without just reward our compensation is a negative for society, and not just the owner of the air rights parcels. It curtails the market forces that seek the truth, enable people to buy, sell, permit entry and exit from the airspace they own.

Property Rights Index

In Nigeria in 2021, a former governor of Zamfara State cancelled some land ownership documents and instructed landowners to reclaim their ownership. Then the Gombe State Governor revoked titles in the metropolitan area for "new developmental layouts." This arbitrary revocation of land titles highlights concerns about property rights, which are often at the mercy of state governments in certain jurisdictions. But we would be wise not to assume this could not happen in the United States. Every time someone’s airspace is trespassed by a drone and there is nothing done, those trespassing think they gain rights. Drones have no rights under the constitution but if people don’t assert their rights to consent to drones being in their airspace, allowing them to scale or the air rights owners do not indicate how they want their air rights used they may lose these rights.

Nigeria ranks 117th, the United States 14th and Venezuela 125th (the bottom) globally on the Property Rights Index. The United States had high scores for its legal framework protecting property rights but lower scores due to government expropriation.