To Build Bifrost: Developing Space Property Rights and Infrastructure

In recent years, there has been much excitement over individuals arguing for private land claims on the Moon and Mars as a thrust to commercialize space. There is a fundamental flaw in the logic of those who purport that these bodies or portions thereof may be privately owned. It is true that, “The 1967 Outer Space Treaty prohibits any claims of national sovereignty on the Moon or Mars,” and it is also true that “the treaty says nothing against private property.” It does not follow, however, that without claiming sovereignty, the U.S. could recognize land claims made by private companies that establish human settlements there, as would-be extraterrestrial realtors claim.