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The seige

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“I’ve farmed this land my whole life. I won’t sell.”
“We’ll see about that, old man. We own the land all around yours. We control your water supply.”

A scene like this could have come from the trailer for a cowboy movie set during a ranch war, or perhaps for a film set in a future propertarian dystopia. I wouldn’t have guessed Cambridgeshire, 2022.

This series of tweets by the Fews Lane Consortium beginning with the words, “This is Clive’s farm. Clive has lived here his whole life” and later including the words,

To get rid of the groundwater that fills Clive’s well and that Clive uses to grow fruit, vegetables, and flowers, developers installed at least 800 underground well points and pumped the groundwater out of the ground near Clive’s farm.

describes a situation that reminds us that, although it is certainly true that the State is the prime oppressor, it is not the only oppressor. When I was first getting interested in libertarianism, I remember reading a lot about scenarios that were a challenge to it – e.g. where a property owner could inflict outrageous harm on another person without breaching the latter’s property rights – but as the years went by, the prime oppressor kept my outrage-tank filled and I’m afraid I largely stopped thinking about such things.

Perhaps I am off the hook. In the modern UK any question of land use inevitably involves the State, in the form of your friendly local council. This report from 2020 suggests that the developers might be hand in glove with the prime oppressor after all: “Cambridgeshire council ‘completely ignoring the law’ is taken to the High Court”:

The council [South Cambridgeshire District Council] is accused of having secret, unannounced meetings, from which no agenda or minutes are ever published, in violation of the Local Government Act 1972.

Another issue is that the council apparently announced a public consultation on a planning application, but then approved it anyway before the consultation had closed.

The council constitution is also allegedly being violated, but instead of rectifying the situation, the council has confirmed it intends to change the constitution, so it is no longer in violation of it.

and

The council has allegedly been acting in violation of this for at least two years by deciding whether to take the decision to the committee behind closed doors with just the chairman, vice-chairman, and a council officer in attendance.

The claims are being brought forward by the Fews Lane Consortium, a community group advocating for sustainable development around the villages, of which Mr Fulton is the director.

The decisions made by the council have had a damaging environmental impact too, according to the consortium.

I must also bear in mind that I have only heard one side of the story.

Nonetheless, I think that supporters of property rights should think about hard cases like Clive’s. What do you think about it?


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