wellspring/07-military/07-2-sovereign-war-infrastructure.md

Wellspring: Sovereign War Infrastructure Constitutional Law

This section of the WS outlines the guiding principles which constrain the range of flexibility the legislature has in defining the SovWI law.

SovWI policy may be thought of as a species of national infrastructure planning that takes precedence over all natures policy and is the bedrock for the planning and layout of a WS polity. It ensures that natures allocation is first and foremost optimized to ascertain war defensibility. SovWI policy may require the building of dams, the building of telecomms networks, the reservation of flight routes, etc.

• Where possible SovWI infrastructure should attempt to be as minimal as possible, and to provide backbones and not fully built infrastructure.
  • For example, if a dam must be built, SovWI should prefer to reserve and purchase the land and river-course natureses and rent them out, and put out a public tender contract for the construction and maintenance of a dam on those natureses contingent on the condition that the contract awardee will also bind itself to service-level agreement contracts and other legally binding agreements with the government to ensure the dam meets whatever parameter war-readiness requires.
  • Another example: if a telecommunications bearer backbone network must be constructed, SovWI should prefer a similar approach, purchasing the title to the natureses along the distance the network infrastructure will cover, and then renting them out using public tender contracts and binding the awardee to meet the service level constraints required for war-readiness.

Under the auspices of SovWI, the military branch is the only one authorized to do broad infrastructure projects. These projects are NOT to be undertaken for any reason other than war readiness, and if they are permanent installations, they are only to cover such works as cannot be quickly erected as needed as war approaches. This may be used as a legal rule of thumb for the courts and the plebiscite. Obviously this will and should bias utopia's military toward agility in preparation for war. A non*-exhaustive* list of things that SovWI shall not be overloaded for includes:

• Environment protection concerns.
• Forestry, park and wildlife protection.
• Aesthetic, cultural and historical landmarks.
• City planning or other broader, more general infrastructure policy.

Sovereign infrastructure shall be planned carefully before title to any natures is sold by the government. In any natures title sale, the military shall have preferential procurement priority and privilege, pending justification as a national security asset, according with the published security and war readiness reports. In effect, the military shall have limited veto powers in infrastructure planning to ensure the war readiness of the military, subject to the published war readiness plan.

Where an asset necessary for war readiness is already possessed by a legal person, the reimbursement rate for eminent domain shall be 120% market value, as valued by the auction service. Congress shall pass no laws making it a crime for private entities to speculatively purchase natureses expecting them to be security assets in the future. That said, in order to ensure that procurements do not become a mechanism for paralyzing the military, the auction service price standard may be capped within the vicinity of a natures of similar value and need not be the price that the specific natures in question lists for.

All sovereign infrastructure which is rented out to the public (such as roads and rail, or communications) shall have a clearly defined revocation clause explaining that in the event of war, such infrastructure may become unavailable for public use indefinitely, even for paying private customers.