Question
A large mulberry tree in your neighbor's yard provides you with welcome shade but gives her only a lot of inedible and messy mulberries. She
A large mulberry tree in your neighbor's yard provides you with welcome shade but gives her only a lot of inedible and messy mulberries. She wants to cut the tree down. She has the legal right to do so. a. You say to her: "I know you hate those messy mulberries, but not nearly as much as I would hate losing the shade." Can you prove your statement? If you can't prove that you value continued shade more than she values a clean yard, can you induce her to place a higher value on her benefits from leaving the tree than on her benefits from cutting it down? (Hint: How do you induce the sewer cleaner to decide he would rather clear your sewer line on a Sunday afternoon than watch his favorite football team?) b. An alternative route for you is to challenge her legal right to cut down the tree. You might try to have the tree declared a historic landmark, or go to court to demand that she file an environmental impact statement before being allowed to remove the tree. What is the danger to you in this tactic? (Hint: If you think you may be prevented in the future from exercising a right you now possess, will you wait to see what becomes of your right or will you exercise it while you still clearly have it?)
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