Appropriation is a process by which previously unowned
natural resources
Natural resources are resources that are drawn from nature and used with few modifications. This includes the sources of valued characteristics such as commercial and industrial use, aesthetic value, scientific interest and cultural value. O ...
, particularly land, become the
property
Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, r ...
of a person or group of persons. The term is widely used in economics in this sense. In certain cases, it proceeds under very specifically defined forms, such as driving stakes or other such markers into the land claimed, which form gave rise to the term “staking a claim.” "
Squatter’s rights" are another form of appropriation, but are usually asserted against land to which ownership rights of another party have been recognized. In legal regimes recognizing such acquisition of property, the ownership of duly appropriated holdings enjoys such protections as the law provides for ownership of property in general.
Under some systems using this method of acquiring ownership of land, it is permitted to employ violence in defending the duly appropriated holding against encroachment against the ownership or usage claims, again usually according to specifically defined forms including warnings to the encroaching party, exhaustion or unavailability of duly constituted law-enforcement resources, etc..
Libertarian
Libertarianism (from french: libertaire, "libertarian"; from la, libertas, "freedom") is a political philosophy that upholds liberty as a core value. Libertarians seek to maximize autonomy and political freedom, and minimize the state's e ...
and other property-rights-oriented ideologies define appropriation as requiring the “mixing” of the would-be owner's labor with the land claimed.
[Rothbard, Murray N.: '']Man, Economy and State
''Man, Economy, and State: A treatise on economic principles'' is a 1962 book of Austrian School economics by Murray Rothbard
Murray Newton Rothbard (; March 2, 1926 – January 7, 1995) was an American economist of the Austrian School ...
with Power and Market
''Power and Market: Government and the Economy'' is a 1970 book by the economist Murray Rothbard, in which the author analyzes the negative effects of the various kinds of government intervention, and argues that the State is neither necessary no ...
'', page 169. Ludwig von Mises Institute, 2004 A prime example of such mixing is
farming
Agriculture or farming is the practice of cultivating plants and livestock. Agriculture was the key development in the rise of sedentary human civilization, whereby farming of domesticated species created food surpluses that enabled people to ...
, although various extractive activities such as mining, and the grazing of herds are often recognized. Personal, physical residence is often recognized after some minimum documented continuous period of time, as is built structures on the land whose ownership has not previously been recognized by the authority whose recognition is sought.
Appropriation through use can apply to resources other than the exclusive right to use of the surface of the land. As mentioned, mineral rights are recognized under various conditions, as are
riparian rights
Riparian water rights (or simply riparian rights) is a system for allocating water among those who possess land along its path. It has its origins in English common law. Riparian water rights exist in many jurisdictions with a common law herit ...
. Appropriation can apply to inland waters within a certain distance of appropriated land, and even to the liquid water in a reservoir, lake, or stream. , but many such claims have been overturned through legislated arrangements mandating other standards for the assignment of ownership rights in such things.
Appropriation as a means of acquiring property is related to the schools of thought that call for ongoing use as a condition of continued ownership, as is the case in some regimes with trademarks, but it applies to initial ownership.
See also
*
Eminent domain
Eminent domain (United States, Philippines), land acquisition (India, Malaysia, Singapore), compulsory purchase/acquisition (Australia, New Zealand, Ireland, United Kingdom), resumption (Hong Kong, Uganda), resumption/compulsory acquisition (Austr ...
*
Homestead principle
The homestead principle is the principle by which one gains ownership of an unowned natural resource by performing an act of original appropriation. Appropriation could be enacted by putting an unowned resource to active use (as with using it ...
*
Nationalization
Nationalization (nationalisation in British English) is the process of transforming privately-owned assets into public assets by bringing them under the public ownership of a national government or state. Nationalization usually refers to pri ...
*
Structural encroachment
A structural encroachment is a concept in real property law, in which a piece of real property projects from one property over or under the property line of another landowner's premises. The actual structure that encroaches might be a tree, bush, ...
*
Trespass
Trespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels, and trespass to land.
Trespass to the person historically involved six separate trespasses: threats, assault, battery, wounding ...
*
Georgism
Georgism, also called in modern times Geoism, and known historically as the single tax movement, is an economic ideology holding that, although people should own the value they produce themselves, the economic rent derived from land—including ...
*
Labor theory of property
The labor theory of property (also called the labor theory of appropriation, labor theory of ownership, labor theory of entitlement, or principle of first appropriation) is a theory of natural law that holds that property originally comes about b ...
References
Further reading
*
*
*
{{DEFAULTSORT:Appropriation (Economics)
Law and economics
Libertarian theory
Property
Property law