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Rand Simberg - Homesteading the Final Frontier

Rand Simberg - Homesteading the Final Frontier

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While new space transportation companies are driving down the cost of accessing space, development of the
space frontier will continue to be held back, as it has for decades, by the lack of clear off-planet property rights.
Without them, it is difficult to raise funds for extraterrestrial ventures, despite the abundant resources on the Moon and on asteroids, including metals with high value on Earth.

Many believe that the 1967 Outer Space Treaty implicitly prohibits private property in outer space,
but under another conceivable interpretation, it only prohibits declarations of national sovereignty. A proposed law requiring the United States to recognize land claims off planet under specified conditions offers the possibility of legal, tradable land titles, allowing the land to be used as loan collateral or an asset to be sold to raise funds needed to develop it.

Such a law would vitiate the 1979 Moon Treaty, which does outlaw private property claims in space, but
to which the U.S. is not a signatory. This should be viewed as a feature, rather than a bug. The law would not impose any new costs on the federal government, and would likely generate significant tax revenue through title
transaction fees and economic growth from new space ventures carried out by U.S. individuals and corporations. It would have great potential to kick the development of extraterrestrial resources—and perhaps even the human settlement of space—into high gear.
While new space transportation companies are driving down the cost of accessing space, development of the
space frontier will continue to be held back, as it has for decades, by the lack of clear off-planet property rights.
Without them, it is difficult to raise funds for extraterrestrial ventures, despite the abundant resources on the Moon and on asteroids, including metals with high value on Earth.

Many believe that the 1967 Outer Space Treaty implicitly prohibits private property in outer space,
but under another conceivable interpretation, it only prohibits declarations of national sovereignty. A proposed law requiring the United States to recognize land claims off planet under specified conditions offers the possibility of legal, tradable land titles, allowing the land to be used as loan collateral or an asset to be sold to raise funds needed to develop it.

Such a law would vitiate the 1979 Moon Treaty, which does outlaw private property claims in space, but
to which the U.S. is not a signatory. This should be viewed as a feature, rather than a bug. The law would not impose any new costs on the federal government, and would likely generate significant tax revenue through title
transaction fees and economic growth from new space ventures carried out by U.S. individuals and corporations. It would have great potential to kick the development of extraterrestrial resources—and perhaps even the human settlement of space—into high gear.

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Published by: Competitive Enterprise Institute on Apr 02, 2012
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12/28/2013

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COMPETITIVE ENTERPRISE INSTITUTE
Homesteadingthe Final Frontier
A Practical Proposal for SecuringProperty Rights in Space
By Rand Simberg
A
pril
2012
Issue Analysis 2012 No. 3
 
1
Simberg: Homesteading the Final Frontier 
Homesteading the Final Frontier 
A Practical Proposal for Securing Property Rights in Space
By Rand SimbergExecutive Summary
While new space transportation companies are driving down the cost of accessing space, development of thespace frontier will continue to be held back, as it has for decades, by the lack of clear off-planet property rights.Without them, it is difficult to raise funds for extraterrestrial ventures, despite the abundant resources on theMoon and on asteroids, including metals with high value on Earth.Many believe that the 1967 Outer Space Treaty implicitly prohibits private property in outer space, but under another conceivable interpretation, it only prohibits declarations of national sovereignty. A proposedlaw requiring the United States to recognize land claims off planet under specified conditions offers the possibilityof legal, tradable land titles, allowing the land to be used as loan collateral or an asset to be sold to raise fundsneeded to develop it.Such a law would vitiate the 1979 Moon Treaty, which does outlaw private property claims in space, butto which the U.S. is not a signatory. This should be viewed as a feature, rather than a bug. The law would notimpose any new costs on the federal government, and would likely generate significant tax revenue through titletransaction fees and economic growth from new space ventures carried out by U.S. individuals and corporations.Itwould have great potential to kick the development of extraterrestrial resources—and perhaps even the humansettlement of space—into high gear.
 
2
Simberg: Homesteading the Final Frontier 

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