In the situation posited, you have a right
Posted on: August 9, 2022 at 12:16:05 CT
Mormad MU
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to the quiet and peaceful enjoyment of your property - do we agree? Part of your life, liberty, pursuit of happiness.
The polluter claims the right to do with his land what he wishes and maybe it's not so much that the rights are in competition, as it is that he's falsely claiming a right to infringe on your rights, if you will.
But, this brings us back to the issue which Doc pointed out - someone will have to resolve the conflict. Someone or some entity will have to decide that his actions or claim of right to dump toxicity on your land, which infringes your rights is lesser to yours or that it's a false claim, if you prefer. That may be a private arbiter. It may be a collection of fellow individuals in your community, or it may be served, as it is in our country, by the government. So, while government isn't absolutely necessary to resolve the issue, it is necessary to have someone or something that has both the authority to decide and the power to enforce that decision. Otherwise, it's meaningless.