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Land Claim
A land claim is "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 title, aboriginal land claims, Territorial claims of Antarctica, Antarctic land claims, and post-colonial land claims. The term is also sometimes used when referring to disputed territories like Western Sahara or to refer to the claims of displaced persons. In the Colonialism, 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 ...
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Terra Nullius
''Terra nullius'' (, plural ''terrae nullius'') is a Latin expression meaning " nobody's land". Since the nineteenth century it has occasionally been used in international law as a principle to justify claims that territory may be acquired by a state's occupation of it. There are currently three territories sometimes claimed to be ''terra nullius'': Bir Tawil (a strip of land between Egypt and the Sudan), four pockets of land near the Danube due to the Croatia–Serbia border dispute, and parts of Antarctica, principally Marie Byrd 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 Oppenheim: "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 i ...
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Mining Claim, South Yuba River (cropped)
Mining is the extraction of valuable geological materials and minerals from the surface of the Earth. Mining is required to obtain most materials that cannot be grown through agricultural processes, or feasibly created artificially in a laboratory or factory. Ores recovered by mining include metals, coal, oil shale, gemstones, limestone, chalk, dimension stone, rock salt, potash, gravel, and clay. The ore must be a rock or mineral that contains valuable constituent, can be extracted or mined and sold for profit. 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, and final reclamation or restoration of the land after the mine is closed. Mining materials are often obtained from ore bodies, lodes, veins, seams, reefs, or placer deposits. The exploitation of th ...
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Victoria (Australia)
Victoria, commonly abbreviated as Vic, is a States and territories of Australia, state in southeastern Australia. It is the second-smallest state (after Tasmania), with a land area of ; the second-most-populated state (after New South Wales), with a population of over 7 million; and the most densely populated state in Australia (30.6 per km2). Victoria's economy is the List of Australian states and territories by gross state product, second-largest among Australian states and is highly diversified, with service sectors predominating. 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 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 climate, temperate coa ...
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Land Reform In South Africa
Land reform in South Africa refers to efforts by the government to address historical injustices related to land ownership, particularly through land restitution, redistribution, and tenure reform. One key objective is to empower farm workers—providing them with opportunities to become landowners—and to reduce economic inequality. The policy also involves restitution for individuals and communities who were forcibly removed from urban areas designated for white inhabitants under apartheid laws such as the Group Areas Act. Notable affected areas include Sophiatown, Fietas, Cato Manor, District Six, and Greyville. Additionally, land reform aims to support broader economic participation by enabling previously unemployed people to engage in productive land use and entrepreneurship. Despite these goals, the land reform program has faced significant criticism. Many South Africans and international observers have pointed to poor implementation and inefficiencies, with estimates ...
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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 cl ...
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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. Most claims on extraterrestrial real estate have not been 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 have been involved in "selling" parts of them through certificates of ownership termed "Lunar deeds", "Martian deeds" or similar. While personal claims have had little weight, whole states could potentially lay claim to colonizing celestial 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 unique factors to consider in extraterrestrial real estate, including transportation, planetary protection, sustainability, astrobiology, how an extraterrestrial real esta ...
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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 Congress that enables citizens of the United States to take possession of unclaimed islands containing guano deposits in the name of the United States. The islands can be located anywhere, so long as they are not occupied by citizens of another country and not within the jurisdiction of another government. It also empowers the president 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 became a prized agricultural fertilizer and source of saltpeter for gunpowder. The U.S. 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, government attempts to control price ...
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Land Reform
Land reform (also known as agrarian reform) involves the changing of laws, regulations, or customs regarding land ownership, land use, and land transfers. The reforms may be initiated by governments, by interested groups, or by revolution. Land reform is often considered a contentious process, as land is a key driver of a wide range of social, political and economic outcomes. The structure and distribution of land rights has been linked to state formation, economic growth, inequality, political violence, and identity politics, making land reform highly consequential for the long-term structures of society. Overview 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 ...
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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. Indigenous land rights is also a perennial related issue. National sovereignty Sovereignty, in common law jurisdictions ...
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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 make a farm. The American Industrial Revolution was guided by many supportive acts of legislatures (for example, the Main Line of Public Works legislation of 1863) 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 giv ...
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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 Cr ...
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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. Comprehensive claims Comprehensive claims are assertions of Aboriginal title by Indigenous groups over their ancestral lands and territories. Following the 1973 Calder decision, in which the existence of Aboriginal title was first r ...
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