[Tagging] Who has the last word over the access tag?

Paul Allen pla16021 at gmail.com
Sun Apr 25 22:25:36 UTC 2021


On Sun, 25 Apr 2021 at 23:03, Frederik Ramm <frederik at remote.org> wrote:

>
> So we have an access restriction which is currently not enforcable by
> the person who has a legal claim;


The person had (past tense) a legal claim.  It is debatable if he still
does.


> we don't know if it ever will be (the self-proclaimed island government
>
might successfully set up an independent state and their jurisdictionholds,
>
or they might crumble and things would return to the status quo ante).
>

Or a different bunch of thugs might take over and make half the garden
public and return the other half to the original owner.

We don't map outdated information (although we might add a note for
the benefit of armchair mappers accessing outdated information so
they don't revert the access).  We cannot map the future, for it is
unknown to us.  We map the present.

>
> That's the whole point of this fable - how enforcable and how enforced
> does an access restriction have to be to be mapped in OSM. The land
> owner has the paperwork saying the land is his.
>

How does this differ from the previous government (that you view as
legitimate) compelling the owner to sell the property using "eminent
domain"?  I don't think it does.  Just because you dislike the new
"government" and consider it illegitimate, they are the ones enforcing
laws on the ground (even if they don't go through all the legal niceties
you think they should).  The government, such as it is, has used the
power of eminent domain to take the land (in this case without
compensation) and open it to the public.

In the situation you posit, access is now public.  That might change in
the future, but nothing we map is forever.

I confess I'm expecting you to wait for us to reach a broad consensus
that access is public and then spring on us a comparable situation where
we have broadly agreed that access is private.  And then we'll have to
either agree the new situation is also public access or come up with
finer distinctions.

-- 
Paul
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