If not, then sooner or later it ends up like the Iridium satellites or the U.S. land grant railroads. The railroad companies went bankrupt, but the new owners kept operating the trains. Bankruptcy wipes out the debt, but the system still functions and the world has its benefits.
The legislation must be structured to be sure that, if a settlement company goes bankrupt, its ships and settlement will be sold, if need be, for pennies on the dollar, to others who will keep them operating. Big land buyers may require the settlement to take out a performance bond or insurance to guarantee the ships will keep flying, even if the original settlement company were to default.
Note: The first 25 FAQs below are reprinted from the Space Settlement Initiative website.
What is the real purpose of enacting a Lunar land claims recognition law?
What does international law say about private property ownership in space?
Can there be property ownership without national sovereignty?
What if other nations refuse to recognize land claims in space?
Why not allow smaller, limited land claims for easier steps than settlement?
Could lunar land really be worth enough money to make a difference?
What conditions should the US set for recognition of a claim?
How much land should a settlement be able to claim... and why?
Are the weaknesses and compromises in this plan likely to be permanent?
Could other sources of revenue be enough without land claims recognition?
What effect would this have on NASA and the aerospace companies?
The FAQs above cover basic questions about Lunar Land Claims Recognition. The following questions address more advanced issues.
If we really went to the Moon in 1969, why aren't we there now?
What were the assumptions before the Outer Space Treaty, (e.g. Robert Heinlein)?
Will changing how NASA works bring the taxpayers back on board?
Could this law force the US to recognize a foreign government's Lunar land claim?
Would Article VI of the Outer Space Treaty prohibit Lunar land claims recognition?
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