The Keystone XL pipeline has inspired a lot of controversy. For defenders of freed markets, however, it shouldn’t. Libertarians should emphatically and unequivocally oppose the pipeline.
Yet leading libertarian magazine Reason has put out a video detailing “three reasons to build the pipeline.” Editor Nick Gillespie explains, “1. The oil isn’t going to stay buried … 2. The pipeline isn’t a disaster waiting to happen … 3. It will help the economy.”
Just for the sake of argument, let’s concede all three of these points. Libertarians should still oppose the pipeline, because libertarians value property rights — and the pipeline as conceived is a giant monument to political government’s disregard for the property rights of everyday people.
Since beginning to plan Keystone XL, TransCanada Corporation has used eminent domain to steal more than a hundred tracts of land in Texas alone. If it gets the green light, the pipeline will run up through the plains like a burglar on a spree.
Of course, the company does initially offer those who have what they want a chance to make the transaction voluntarily. When that doesn’t work, though, unsuspecting landowners receive letters like the one Julia Trigg Crawford got, saying “If Keystone is unable to successfully negotiate the voluntary acquisition of the necessary easements, it will have to resort to the exercise of its statutory right of eminent domain.”
As Lysander Spooner once remarked, at least a highwayman “does not pretend that he has any rightful claim” to your property.
If you’re like the Crawfords, any deviation from that final offer and you’ll hear nothing from TransCanada until your land’s condemned. As word spreads, landowners feel threatened. They scramble to agree with whatever crumbs they’re offered, before their land just gets taken instead.
Even when eminent domain isn’t directly used, the transaction can hardly be called “voluntary.” Such means become darker still when we consider that they’re being used to override tribal sovereignty and build over Native American burial grounds, like those of the Sac and Fox Nation. Apparently not even death can save the Sac and Fox from colonists intent on destroying their homes.
Why does Gillespie ask us to accept this outright theft, intimidation, and domination of landowners by corporate elites and their state puppets? “It will help the economy.”
In other words, literally the exact reasoning that let the city of New London steal Susette Kelo’s home in 2005. Back then, Gillespie’s co-editor, Matt Welch, rightly called the defense offered by the New York Times an “anti-populist, ends-justify-the-means approach on … naked display.”
Unless Gillespie and other pro-pipeline libertarians are willing to disagree with Welch and start defending the Kelo decision, they should rethink their position on Keystone. Surely the property rights of the Crawfords, the Sac and Fox Nation, and TransCanada’s other victims, are just as sacrosanct as Kelo’s.
A pro-pipeline libertarian might respond that they don’t support the eminent domain, just the pipeline. But this is impossible. TransCanada’s pipeline is inseparable from its criminal actions pursuant to building that pipeline.
Whatever justifications are offered for a hypothetical, peacefully acquired pipeline do not justify the real world pipeline. At least no more than justifications for a hypothetical parking lot would justify one built by taking a wrecking ball to Nick Gillespie’s home.
If the title “libertarian” is to mean anything, it must mean a defense of justice. It cannot, and must not, mean endorsing feudalismwhenever “it’s good for the economy.”
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Citations to this article:
- Jason Lee Byas, Oleoducto Keystone XL y la Justicia de no construirlo, El Librepensador, 03/07/13
- Jason Lee Byas, Eminent domain is not a good reason to build the Keystone Pipeline, Libby, Montana Western News, 02/28/13
- Jason Lee Byas, One Reason Not to Build the Keystone XL Pipeline: Justice, Before It’s News, 02/25/13
Gillespie likely sees himself as fighting for the property rights of pipeline owners who are being prohibited by the state from engaging in voluntary transactions with other property owners. Force here is as wrong as eminent domain. I think the consistent libertarian would say “I oppose force” and building a pipeline in and of itself is no initiating force.
Sure. But the pipeline owners' property rights were specifically given by the State. They magically override existing property rights of people living where they want to build the pipeline. Simply saying "I oppose force" and then letting TransCanada literally bulldoze people's homes while the government looks on wouldn't be very liberty of you.
"They magically override existing property rights of people living where they want to build the pipeline. Simply saying "I oppose force" and then letting TransCanada literally bulldoze people's homes while the government looks on wouldn't be very liberty of you."
That's textbook Carsonian definition on vulgar libertarianism
what about leaks? what happens when this thing spews oil into people's drinking water? there will be no recourse, no way for the victims to seek justice, especially those in the low income communities which you know they're going to try to build a lot of this pipeline through since the land is cheaper and it's easier to use eminent domain since these people don't have access to any sort of legal representation. and furthermore, although there is a large amount of skepticism in the liberty community concerning climate change, are not pipesitters and people putting their bodies in front of bulldozers because they are concerned about the planet catastrophically overheating acting in self-defense and are therefore not liable for the violation of "property" rights? and on top of that has the "property" that TransCanada will use to construct this pipeline and all the capital it has accumulated justly and peacefully procured? these are all relevant and important questions that libertarians need to be addressing and it's up to us to challenge those on the right who describe themselve as such to answer them. so thanks to everyone here at C4SS and all of those attempting to do so.
They initiate force on me by making me pay for their liability since they have the government limit liability for them.
Retarded. A shareholder at UPS is not responsible for an employee driver acting like an idiot and running over an old lady. You punks have no respect for innocent people when it gets in the way of your leftist masturbation routines.
Elrond Hubbard
Very false equivalence. Pipelines, like roads, are virtually impossible to build without eminent domain because of their nature — they connect two distant points using a long, narrow strip of land.
The Kelo decisions was about a mall/office complex. The existing complex was called "blighted" just so it could be seized and sold to a developer.