All good questions. Yeah, I think the feeling that I’m getting at is that both parties think the have a right to be there.

For example, the government believes that the person living on land they claim is a valid form of implied consent. That person does not recognize that, nor do they recognize the government’s claim to the land in question as valid.

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"a theory of implied consent for state authority requires already accepting the state has authority which no other person or entity has."

https://mises.org/wire/why-state-cant-claim-our-implied-consent

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