Subject: RE: Laws in TX, WA & ID
Date: Jul 14 16:15:59 1996
From: Don Baccus - donb at Rational.COM


FX Schloeder sez:

>Under Texas law: Humans own space (animals use space)

>Unless the law in Washington (or Idaho) provides for ownership of
>space by non-humans (eg: animals), the analogy appears flawed. Else,
>the laws under which these states function vary remarkably.

>I'd appreciate some clarification. Thank you!

I'm sure Dale Goble - an expert in the law in this area - will have
more to say about this, and perhaps will post more of his 16th
century references and the like, but, in a nutshell:

You own property. The state owns wildlife. Each has a vested,
legal right to the enjoyment and protection of their property.
A property owner's right to his or her land does not supercede
the state's rights to its wildlife.

Since we collectively own our wildlife, in our democratic system
we - not merely property owners - get to collectively decide how
we want to manage it.

I don't have any legal references at hand, but if you'd like some
and are willing to rent an 18-wheeler, I'm sure someone out in
cyberland will be willing to send you a lifetime supply.

Now, it is possible that in Texas the state has ceeded its rights
to its wildlife, and if that's her choice, so be it. As it happens,
though, the citizens of my state (Oregon) and our immediate neighborhood
to the north (Washington) have not.


- Don Baccus, Portland OR <donb at rational.com>
Nature photos, on-line guides, at http://www.xxxpdx.com/~dhogaza