First use establishes property rights, even if neighbors don’t agree. States are formalizing owners’ claims to protect them from “aesthetic interventionism.”It is important to celebrate victories for economic freedom as they emerge, even when they come in the most peculiar of places. One such place is the racing world.In October, North Carolina Governor Josh Stein signed into law HB 926, called the “Right to Race” law. This new measure shields racetracks from noise-related nuisance lawsuits if the facility existed and was permitted before nearby properties were developed. This is an incredible win for economic freedom against NIMBYs demanding to silence roaring engines after making the decision to move next to a racetrack. North Carolina has definitively answered “no” to the question: Should those who knowingly move next to a racetrack be allowed to use the government to quiet it?As areas around the country redevelop, with rural areas becoming suburbs and suburbs evolving into de facto metropolises, racetracks have found themselves the target of those moving into these newer developments. Racetracks that long predate the existence of these neighbors are facing legal action by the newcomers.For example, in Tennessee, the Nashville Fairgrounds Speedway, which first opened in 1904, now faces opposition from residents as the track seeks to renovate in order to lure NASCAR racing back to the facility. Despite being there first, despite the track’s positive economic impact, many tracks find themselves without legal protection from the locals.
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76 sats \ 2 replies \ @Undisciplined 11h
“Coming to the nuisance” is an underrated legal principle
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209 sats \ 1 reply \ @0xbitcoiner OP 10h
So now that I had some time, I looked more into that idea (‘coming to the nuisance’), and it totally makes sense to me. Whoever gets there first pretty much earns the right to do their thing as long as they’re not breaking any other laws, and whoever moves in later just has to deal with it, because they already knew what they were getting into. If it didn’t work like that, starting a business would be full of uncertainty about the future. I’m not sure if that principle exists in Portugal or Europe in general, but I imagine in the US it’s used in most cases that end up in court, right? cc/ @siggy47
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128 sats \ 0 replies \ @siggy47 10h
Yes, but it has been eroded here too, particularly in US cities. Those with powerful friends can override the law. Eminent Domain is abused frequently, and in some instances has been expanded beyond government use.
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