Cliven Bundy

The United States Bureau of Land Management claims that Cliven Bundy owes roughly one million dollars in unpaid fees for allowing his cattle to graze on federal land.

Mr Bundy, on the other hand, maintains that it is his land, and that the federal government has no legitimate claim to it, and that he therefore owes them nothing.

In the early nineteenth century, disputes over land ownership were quite common, even in New England. One man might claim to own a piece of land because the King of England gave it to his grandfather. Another man bought it from the Indians. And yet another found it unoccupied, and started growing crops on it.

It is impossible for anyone to obtain a mortgage under such circumstances, because no one holds clear title. Over time, ownership was worked out through the courts. What was primarily a nation of squatters then became one of the most prosperous countries in the world, partly because homes could now be mortgaged, to provide capital for starting businesses.

In a dispute between two farmers, the winner would take the land, while the loser moved on, and eventually forgot about it. If a farmer was instead told that he was free to continue to farm the land, but without obtaining a title, that would likely result in a dispute that is never resolved.

That is essentially what has happened with these ranchers. Instead of owning the land, they have become tenants on land owned by a government that they see as little more than a parasite.

Allowing this situation to develop was reckless to begin with. This is land that should have been privatised a long time ago. I'm not saying we can't have national parks and nature preserves. But there is no justification for maintaining federal control over land that is to be used for grazing cattle.

Some might argue that, whatever Mr. Bundy's claims, he ought to press them in court. It might be further argued that anyone who defies governmental authority ought to be put down by force, lest the country be overrun by hooligans who feel entitled to disregard any laws they don't like.

The federal government could simply exterminate the ranchers, Waco style. Then we will likely see another Timothy McVeigh, followed by more abuses committed by the TSA, as they become increasingly paranoid. Maybe some guy will shoot some of them, and end up being seen as a national hero, on a par with Edward Snowden.

I'm not saying force should never be used. But I believe this is one of those situations where it is more likely to perpetuate the conflict than to resolve it.

One doesn't necessarily have to condone every Cliven Bundy has done, to recognize that a large scale divestiture of land currently managed by BLM might be the most pragmatic approach.