Land Claims
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Land Claims
A land claim is defined as "the pursuit of recognized territorial ownership by a group or individual". The phrase is usually only used with respect to disputed or unresolved land claims. Some types of land claims include aboriginal land claims, Antarctic land claims, and post-colonial land claims. Land claims is sometimes used as a term when referring to disputed territories like Western Sahara or to refer to the claims of displaced persons. In the colonial times of the United States American men could claim a piece of land for themselves and the claim has different level of merit according to the de facto conditions: # claim without any action on the ground # claim with (movable) property of the claimant on the ground # claim with the claimant visiting the land # claim with claimant living on the land. Today, only small areas of unclaimed land remain, yet large plots of land with little economical value (e.g., in Alaska) can still be bought for very low prices. Also, in certai ...
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Terra Nullius
''Terra nullius'' (, plural ''terrae nullius'') is a Latin expression meaning " nobody's land". It was a principle sometimes used in international law to justify claims that territory may be acquired by a state's occupation of it. : : : : : : There are currently three territories claimed to be ''terra nullius'', two of which caused by border disputes between sovereign states, and one caused by no sovereign state claiming the land. Doctrine In international law, ''terra nullius'' is territory which belongs to no state. Sovereignty over territory which is ''terra nullius'' can be acquired by any state by occupation. According to Oppenheimer, “‘The only territory which can be the object of occupation is that which does not already belong to another state, whether it is uninhabited, or inhabited by persons whose community is not considered to be a state; for individuals may live on as territory without forming themselves into a state proper exercising sovereignt ...
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Mining Claim, South Yuba River (cropped)
Mining is the extraction of valuable minerals or other geological materials from the Earth, usually from an ore body, lode, vein, seam, reef, or placer deposit. The exploitation of these deposits for raw material is based on the economic viability of investing in the equipment, labor, and energy required to extract, refine and transport the materials found at the mine to manufacturers who can use the material. Ores recovered by mining include metals, coal, oil shale, gemstones, limestone, chalk, dimension stone, rock salt, potash, gravel, and clay. Mining is required to obtain most materials that cannot be grown through agricultural processes, or feasibly created artificially in a laboratory or factory. Mining in a wider sense includes extraction of any non-renewable resource such as petroleum, natural gas, or even water. Modern mining processes involve prospecting for ore bodies, analysis of the profit potential of a proposed mine, extraction of the desired materials, an ...
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Victoria (Australia)
Victoria is a state in southeastern Australia. It is the second-smallest state with a land area of , the second most populated state (after New South Wales) with a population of over 6.5 million, and the most densely populated state in Australia (28 per km2). Victoria is bordered by New South Wales to the north and South Australia to the west, and is bounded by the Bass Strait to the south (with the exception of a small land border with Tasmania located along Boundary Islet), the Great Australian Bight portion of the Southern Ocean to the southwest, and the Tasman Sea (a marginal sea of the South Pacific Ocean) to the southeast. The state encompasses a range of climates and geographical features from its temperate coastal and central regions to the Victorian Alps in the northeast and the semi-arid north-west. The majority of the Victorian population is concentrated in the central-south area surrounding Port Phillip Bay, and in particular within the metropolit ...
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Land Reform In South Africa
Land reform in South Africa is the promise of "land restitution" to empower farm workers (who now have the opportunity to become farmers) and reduce inequality. This also refers to aspects such as, property, possibly white owned businesses. Proponents argue it will allow previously unemployed people to participate in the economy and better the country's economic growth. It also relates to restitution in the form of settling Land Claims of people who were forcefully removed from their homes in urban areas that were declared white, by the apartheid government's segregationist Group Areas Act: such areas include Sophiatown, Fietas, Cato Manor, District Six and Greyville; as well as restitution for people forcibly evicted from rural land because of apartheid policies. However, many South Africans and foreign commentators have also voiced alarm over the failure of the redistribution policy, having failed around 50% of land reform projects. Details The Land Reform Process focused ...
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Claim Club
Claim clubs, also called actual settlers' associations or squatters' clubs, were a nineteenth-century phenomenon in the American West. Usually operating within a confined local jurisdiction, these pseudo-governmental entities sought to regulate land sales in places where there was little or no legal apparatus to deal with land-related quarrels of any size. Some claim clubs sought to protect squatters, while others defended early land owners. In the twentieth century, sociologists suggested that claim clubs were a pioneer adaptation of democratic bodies on the East Coast, including town halls. Purpose Claim clubs were essentially designed to "do what politicians refused to do: make land available to needy settlers." Their general purpose was to protect the first settlers to arrive on unclaimed lands, particularly in their rights to speculate and cultivate. With the continuous availability of frontier lands from the 1830s through the 1890s, settlers kept moving west. Each claim club ...
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Extraterrestrial Real Estate
Extraterrestrial real estate refers to claims of land ownership on other planets, natural satellites, or parts of space by certain organizations or individuals. Previous claims are not recognized by any authority, and have no legal standing. Nevertheless, some private individuals and organizations have claimed ownership of celestial bodies, such as the Moon, and are actively involved in "selling" parts of them through certificates of ownership termed "Lunar deeds", "Martian deeds" or similar. While personal claims have little weight, whole countries could potentially lay claim to colonizing certain bodies. Extraterrestrial real estate not only deals with the legal standpoints of potential colonization, but how it could be feasible for long-term real estate. There are multiple factors to consider in using another planet for real estate including transportation, planetary protection, astrobiology, sustainability, how to create a real estate market, and the orbital real estate of th ...
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Guano Islands Act
The Guano Islands Act (, enacted August 18, 1856, codified at §§ 1411-1419) is a United States federal law passed by the U.S. Congress that enables citizens of the United States to take possession, in the name of the United States, of unclaimed islands containing guano deposits. The islands can be located anywhere, so long as they are not occupied and not within the jurisdiction of another government. It also empowers the president of the United States to use the military to protect such interests and establishes the criminal jurisdiction of the United States in these territories. Background In the 1840s, guano came to be prized as a source of saltpeter for gunpowder as well as an agricultural fertilizer. The United States began importing it in 1843 through New York. By the early 1850s, the U.K. imported over 200,000 tons a year, and U.S. imports totaled about 760,000 tons. The "guano mania" of the 1850s led to high prices in an oligopolistic market, attempts of price cont ...
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Land Reform
Land reform is a form of agrarian reform involving the changing of laws, regulations, or customs regarding land ownership. Land reform may consist of a government-initiated or government-backed property redistribution, generally of agricultural land. Land reform can, therefore, refer to transfer of ownership from the more powerful to the less powerful, such as from a relatively small number of wealthy or noble owners with extensive land holdings (e.g., plantations, large ranches, or agribusiness plots) to individual ownership by those who work the land. Such transfers of ownership may be with or without compensation; compensation may vary from token amounts to the full value of the land. Land reform may also entail the transfer of land from individual ownership—even peasant ownership in smallholdings—to government-owned collective farms; it has also, in other times and places, referred to the exact opposite: division of government-owned collective farms into smallholdings. Th ...
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Land Rights
Land law is the form of law that deals with the rights to use, alienate, or exclude others from land. In many jurisdictions, these kinds of property are referred to as real estate or real property, as distinct from personal property. Land use agreements, including renting, are an important intersection of property and contract law. Encumbrance on the land rights of one, such as an easement, may constitute the land rights of another. Mineral rights and water rights are closely linked, and often interrelated concepts. Land rights are such a basic form of law that they develop even where there is no state to enforce them; for example, the claim clubs of the American West were institutions that arose organically to enforce the system of rules appurtenant to mining. Squatting, the occupation of land without ownership, is a globally ubiquitous phenomenon. National sovereignty Sovereignty, in common law jurisdictions, is often referred to as absolute title, radical title, or allod ...
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Land Grant
A land grant is a gift of real estate—land or its use privileges—made by a government or other authority as an incentive, means of enabling works, or as a reward for services to an individual, especially in return for military service. Grants of land are also awarded to individuals and companies as incentives to develop unused land in relatively unpopulated countries; the process of awarding land grants are not limited to the countries named below. The United States historically gave out numerous land grants as Homesteads to individuals desiring to prove a farm. The American Industrial Revolution was guided by many supportive acts of legislatures (for example, the Main Line of Public Works legislation of 1826) promoting commerce or transportation infrastructure development by private companies, such as the Cumberland Road turnpike, the Lehigh Canal, the Schuylkill Canal and the many railroads that tied the young United States together. Ancient Rome Roman soldiers were given pe ...
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Indigenous Specific Land Claims In Canada
Indigenous Specific Land Claims in Canada, also called specific claims, are long-standing land claims made by First Nations against the Government of Canada pertaining to Canada's legal obligations to indigenous communities. They relate to the administration of land and other First Nation assets by the federal government, as well as to the fulfillment (or lack thereof) of historic treaty obligations and of any other agreements between First Nations and the Crown by the government. For example, this can involve mismanagement of indigenous land or assets by the Crown under the ''Indian Act''. To settle specific claims, the Government of Canada does not take away land from third parties; rather, the government typically resolves specific claims by negotiating a monetary compensation for the breach with the band government, and in exchange, they require the extinguishment of the First Nations' rights to the land in question. Specific claims are based on lawful obligations of the Crow ...
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Indigenous Land Claims In Canada
Indigenous peoples in Canada demand to have their land rights and their Aboriginal titles respected by the Canadian government. These outstanding land claims are some of the main political issues facing Indigenous peoples today. The Government of Canada started recognizing Indigenous land claims in 1973. Federal policy divided the claims in two categories: comprehensive claims and specific claims. Comprehensive claims deal with Indigenous rights of Métis, First Nations and Inuit communities that did not sign treaties with the Government of Canada. Specific claims, on the other hand, are filed by First Nations communities over Canada's breach of the Numbered Treaties, the ''Indian Act'' or any other agreements between the Crown and First Nations. Although these land claims have often been problematic there has been a shift in terms of how the Canadian Government views these claims. This shift started in the early 1980's due to the ideology that these claims would be an effective ...
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