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Life in Jeopardy on Private Property 53 <br />depends on who has recently shifted perceptions of values. The <br />goods carried by rare species are novel, nontraditional, public <br />goods; the Endangered Species Act asserts new benefits hitherto <br />unrecognized and unclaimed. But changing perceptions of value <br />may be realizing values that were long in place and accepted as <br />natural givens. Environmental values are not simply in the eye <br />of the beholder. When we lose air, water, soil quality, natural <br />resources,. when we lose ecosystem stability, we lose whether we <br />are aware of these losses or not. We lose even if we think we do <br />not. There was loss when the passenger pigeon went extinct, <br />even though this loss at first- was perceived by few people. Un- <br />tempered economic development seriously harms the public <br />because it irreversibly harms life processes. These biological <br />processes are not newly adopted values; they are the oldest <br />values of all. It is no part of a landowner's rights to "take" this <br />life; nor is the state "taking" something from the landowner <br />when it insists that a species be preserved. <br />Property rights were instituted to protect individuals from <br />harm; now we must institute a law to protect individuals from <br />harming species and in so doing harming other persons. John <br />Locke asserts that the landowner's property rights give him no <br />right to spoil or destroy-"the exceeding of the bounds of his <br />just property not lying in the largeness of his possession, but in <br />the perishing of anything uselessly in it." We can make use of the <br />commons, but we can take only "where there is enough and as <br />good left in common for others" (Locke, 1690 [1947], chap. 5, <br />secs. 46 and 27). In the case of nonrenewable resources, use may <br />leave less for others, but land use ought to be renewable. Land <br />can be left to others. Locke did not have species in mind, but the <br />principle applies here. Species ought to be renewable resources; <br />they are wealth on the land. When species perish, uselessly or <br />not, this creates scarcity. Alternately put, property rights to land <br />ought to help us divide up the pie of natural resources, but <br />extinction of species shrinks that pie forever. <br />In the case of long-continuing, nonreplaceable goods, prop- <br />erty rights are rights to use, not to destroy. I cannot, on my <br />private forested land, cut timber in such a way that, with the soil <br />eroded and seeding stock gone, the forest cannot be regener- <br />ated.16 Ican buy real estate and build a home there. Perhaps I <br />must destroy the native vegetation to build my home, but that <br />