On Public Property: Response to Dominiak, Israel, and Fegley

In this rejoinder, we return to the question of the ownership status of public property by criticizing Dominiak, Israel, and Fegley (2025). According to these authors, the public domain is legitimately owned collectively by domestic taxpayers in virtue of the so-called accession principle. The present paper demonstrates that the use Dominiak, Israel, and Fegley make of the accession principle is untenable since it (a) runs counter to the very purpose of introducing accession to libertarian theory as another mode of title acquisition, and (b) predicts conflict-generating property claims. We also argue that even if the approach under criticism were correct, it would fail to offer what DIF believe it does: a non-ideal theory comprising policy recommendations for politicians in power. In addition, the paper challenges the second pillar of the approach of these three scholars: their ideas for public property management. As we show, those nostrums are at odds with some elementary insights of Austrian economics.

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Publication Details

Journal
Journal of Libertarian Studies
Published
2026-03-05
DOI
https://doi.org/10.35297/001c.157668
Primary Topic
Property Rights and Legal Doctrine
Type
article
Field-Weighted Citation Impact
0.00
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article

On Public Property: Response to Dominiak, Israel, and Fegley

Norbert Slenzok, Walter E. Block
Journal of Libertarian Studies
Property Rights and Legal Doctrine
article

On Public Property: Response to Dominiak, Israel, and Fegley

Norbert Slenzok, Walter E. Block
article en

Abstract

In this rejoinder, we return to the question of the ownership status of public property by criticizing Dominiak, Israel, and Fegley (2025). According to these authors, the public domain is legitimately owned collectively by domestic taxpayers in virtue of the so-called accession principle. The present paper demonstrates that the use Dominiak, Israel, and Fegley make of the accession principle is untenable since it (a) runs counter to the very purpose of introducing accession to libertarian theory as another mode of title acquisition, and (b) predicts conflict-generating property claims. We also argue that even if the approach under criticism were correct, it would fail to offer what DIF believe it does: a non-ideal theory comprising policy recommendations for politicians in power. In addition, the paper challenges the second pillar of the approach of these three scholars: their ideas for public property management. As we show, those nostrums are at odds with some elementary insights of Austrian economics.

Journal of Libertarian StudiesVol. 30(1)
Loyola University New Orleans (US), University of Zielona Góra (PL)
Peace, Justice and strong institutions
Openalex Percentile: Top 33%
Property Rights and Legal Doctrine
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