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Or, you can recognize that first-user/Lockean homesteading is way more coherent than “The government automatically owns everything” and be comfortable with the fact that some things are as yet unowned.

How does that work if the first user can't really be established?

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That’s the underlying principle.

In practice, you have to judge who has the stronger claim to being the legitimate title holder when disputes arise.

That’s typically done by seeing who can trace their claim furthest back through unbroken transfers, but you could also present evidence of being the original homesteader.

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