Political Theory

Re: Uranium Mining, Property Rights and Environmentalism

scineram — Wed, 11 Jun 2008 08:11:54 GMT

LanceH:
At common law, land ownership extended up to the sky (ad coelum), beneath the surface (ad inferos), and to the center point of any bounding road or river.

The rights to the sky overhead were confiscated by the State when aircraft started flying. It was a free gift to the nascent air industry.

GOOD RIDDANCE!!!

Re: Uranium Mining, Property Rights and Environmentalism

LanceH — Sat, 07 Jun 2008 03:46:04 GMT

Go back 200 years and there is no problem.

At common law, land ownership extended up to the sky (ad coelum), beneath the surface (ad inferos), and to the center point of any bounding road or river.

The rights to the sky overhead were confiscated by the State when aircraft started flying. It was a free gift to the nascent air industry. The State now collects royalties on the landowner's behalf - but fails to pass them on to those most afflicted by aircraft noise and pollution.

Subsurface (mineral) rights were never confiscated, but the Crown has generally reserved such rights in most jurisdictions since about 1900. In Ontario, it was in 1913. Property alienated from the Crown since then has been without mineral rights. You need to look up the original title deed of a property to find out whether you own the mineral rights or not. If you do, then prospectors can't touch it. Bear in mind, too, that the Crown sometimes resumes mineral rights as a condition for subdivision.

The Mining Act of 1868 also prohibits prospecting on land where there is a house, cemetery or crops.

A repeal of the Act is unlikely. The government gets too much revenue from mineral royalties. Its website comments:

"Ontario covers more than one million square kilometres. Sixty per cent of the bedrock is Precambrian Shield found in Northern Ontario. This area is the source of most of Ontario’s minerals and metals as well as some industrial minerals and building stone. Younger sedimentary rocks, which underlie the rest of the province, also host industrial minerals and building stone. The vast majority of exploration and mining activity takes place in the North. In 2006, 66,926 new claim units were recorded for all of Ontario. Only 494 of them were located in southern Ontario."
http://www.mndm.gov.on.ca/mndm/mines/lands/bulbrd/surface_rights/mrvssre.pdf

There is one silver lining. If uranium were found in large qunatities then in practice the mining company would buy everyone out, and it would be generous in its payments. The main problem is if you reside just outside the area and then watch your property value plummet due to its proximity to a uranium mine.

Re: Uranium Mining, Property Rights and Environmentalism

Stephen — Sat, 07 Jun 2008 02:37:53 GMT

That's what I was thinking too. But after I read the article on radon, I started to think that there are no health issues at all. There seems to be a weak negative correlation between radon exposure and lung cancer, even though the EPA claims it's the second largest cause of lung cancer after smoking. I couldn't find anything on exposure to virgin uranium. However, my instincts tell me that it is probably an unwarrented concern as well. First of all, all of us are already exposed to some level of natural radiation. I doubt that the decay of virgin uranium produces much beyond the natural level. Secondly, there is probably already alot of uranium particles in the drinking water, because most of the county is rich in uranium. So if it were to actually cause health problems, we should already see them showing up. If anybody knows something more on this, or any sources on this, I'd appreciate it if they would share it. Also, I don't see any problem with people exploring on public land. I just don't think they should have the right to do it on the private property of somebody else.

Re: Uranium Mining, Property Rights and Environmentalism

JonBostwick — Fri, 06 Jun 2008 18:52:04 GMT

If the mine existed on its own property, and was subject to anti-pollution laws, there probably wouldn't be health issues. But seeing as its possible to literally build a mine anywhere, health issues might arise.

The issues are really the same issue: right to use your property free from infringement.

Uranium Mining, Property Rights and Environmentalism

Stephen — Fri, 06 Jun 2008 07:28:44 GMT

In the rural area were I grew up, Halibuton County, many of the locals are angry over the recent uranium exploration and the possible mining that may follow. A local organization started to oppose this; Fight Uranium Mining and Exploration (FUME). www.fighturanium.com

The group has two concerns.

1) The staking and exploration by prospectors on private property without the consent of the private property owners which is allowed under the Ontario Mining Act.

2) The harmful effects to health caused by radioactive particulates released into drinking water and the atmosphere as well as radon gas.

I did some research on the laws here in Ontario and it seems there no legal recourse if someone wants to explore and mine on your land. I think the first issue is totally legitimate.

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90m14_e.htm

Section 50

Subsection 1 (a)

The staking out or the filing of an application for or the recording of a mining claim, or the acquisition of any right or interest in a mining claim by any person or all or any of such acts, does not confer upon that person, any right, title, interest or claim in or to the mining claim other than the right to proceed as is in this Act provided to perform the prescribed assessment work or to obtain a lease from the Crown and, prior to the performance, filing and approval of the first prescribed unit of assessment work, the person is merely a licensee of the Crown and after that period and until he or she obtains a lease the person is a tenant at will of the Crown in respect of the mining claim

Subsection 2

The holder of a mining claim does not have any right, title or claim to the surface rights of the claim other than the right to enter upon, use and occupy such part or parts thereof as are necessary for the purpose of prospecting and the efficient exploration, development and operation of the mines, minerals and mining rights therein.

Section 51

Subsection 1

Except as in this Act is otherwise provided, the holder of an unpatented mining claim has the right prior to any subsequent right to the user of the surface rights for prospecting and the efficient exploration, development and operation of the mines, minerals and mining rights.

I did a little research on the second issue but I could only find stuff on radon gas. Radon gas is, as far as I'm concerned, a non-issue.

http://www.lewrockwell.com/sardi/sardi26.html

I doubt that low dose radiation from uranium particles has negative health effects either.

Anyway, what do you guys think?