2.8 KiB
Wellspring: Foundations of Natures trespass theory:
[TODO: Think about capture law and claim law and how these pertain here.]
Demarcation and labeling:
All natureses not titled may be freely traveled across by any individual. Though no individual may exercise dominion over them other than in travelling across or through them. The right to exercise dominion over any natures shall be via title purchase.
It shall be assumed that natureses not encompassed or otherwise demarcated as being private, are unsold/unowned. Airspace may be demarcated with regularly interspersed beacons or bulletin advisories distributed in sensible places, or other such means. Radiofrequencies may be demarcated with a commonly agreed upon noise/jamming signal, or other such means.
Where the nature of a natures does not lend itself to visible demarcations being placed on the natures, bulletin advisories distributed at legislatively defined, natures-specific, reasonable locations shall suffice and individuals attempting to exercise dominion over such natureses should check such bulletin advisories or risk incurring liability.
Legislation shall explicitly recognize the "commonly understood" demarcations, as well as provide reasonable room for those demarcations which are unanticipated.
Land ownership and non-human life:
The ownership/rental of land automatically confers full ownership of all unmarked non-human life on that property. However such ownership is transient in that if such a creature should stray onto another plot, the owner of that plot shall automatically become the owner of that creature. This automatic transfer of ownership shall only cease to occur if that creature is given a perceptibly distinguishing mark by its previous owner.
Damages caused to property by transiently owned creatures are not chargeable to anyone. Damages caused by marked creatures are chargeable to the owner of the mark. Irrespective of the intransient ownership status of a creature, the owner of a property on which the creature currently resides shall have, without penalty, full license to use and/or abuse the creature at his pleasure, including killing the creature. This applies also to mechanical/non-biological life forms which do not qualify as legal persons.
Hospitality and Invitation:
[Experimental - this section needs a lot of work]
The courts/process servers shall maintain an invitation log whereby owners may log invitation and disinvitation. This may be implemented as a locked postal box owned by the judiciary, in every community and invitation cards may be dropped therein, Or some other mechanism. Persons should refuse to enter properties which have no invitation log. Public servants trespassing without warrants shall be liable. Officers of the invitation log office may be requested at businesses.