After finding approximate common law equivalents for these core concepts of traditional law and custom (and denying some interests for which no equivalent can be found) the Court then determines the extent to which the creation of rights to control
access to land under the non-Indigenous property system would extinguish them.
Not exact matches
«Our
landing point was directly
under those 300 - foot cliffs with no
access to it except by sea.
Luckily for greens, the back - and - forth on the issue over the past eight years has meant that only seven miles of new roads — yielding
access to just 500 acres of timber — have been cut on
lands slated for protection
under the Roadless Rule during Bush's tenure.
any transportation project eligible for assistance
under this title that is on a public road within or adjacent
to, or that provides
access to, Federal
lands open
to the public.
If, however, the financial spiral that
landed you in bankruptcy included overspending,
under - saving or bad budgeting, don't be too quick
to access credit again.
Have you considered that the economic risks of drastic carbon cutting and therefore
access to cheap energy for developing economies, not
to mention distractions from real and present infrastructure and
land - management issues (a very likely factor in the recent Pakistan floods)
under the catch - all label of global warming, may in fact represent a blind alley that contributes
to a fatality risk for many of the world's poorest people of at least an order of magnitude greater than 1 %?
What it really does is streamline
access to oil, gas, and coal
under public
lands and federally - controlled ocean waters for the fossil fuel industry — and condemns Americans
to more spills, climate - polluting emissions, and health problems.
«
Under the Right of Public
Access we do not need permission
to cross private
land.
Business Development: Brokering various business dealings that further the diversification of Indian economies Developing and
accessing commercial financial programs and services for tribal governments, including tax - exempt offerings and federally - guaranteed housing loans Serving as issuer or underwriter's counsel in tribal bond issuances Ensuring tribal compliance with Bank Secrecy Act and other federal financial regulatory requirements Handling federal and state income, excise, B&O, property and other tax matters for tribes and tribal businesses Chartering tribal business enterprises
under tribal, state and federal law Registering and protecting tribal trademarks and copyrights Negotiating franchise agreements for restaurants and retail stores on Indian reservations Custom - tailoring construction contracts for tribes and general contractors Helping secure federal SBA 8 (a) and other contracting preferences for Indian - owned businesses Facilitating contractual relations between tribes and tribal casinos, and gaming vendors Building tribal workers» compensation and self - insurance programs Government Relations: Handling state and federal regulatory matters in the areas of tribal gaming, environmental and cultural resources, workers» compensation, taxation, health care and education Negotiating tribal - state gaming compacts and fuel and cigarette compacts, and inter-local
land use and law enforcement agreements Advocacy before the Washington State Gambling Commission, Washington Indian Gaming Association and National Indian Gaming Commission Preparing tribal codes and regulations, including tribal court, commercial, gaming, taxation, energy development, environmental and cultural resources protection, labor & employment, and workers» compensation laws Developing employee handbooks, manuals and personnel policies Advocacy in areas of treaty rights, gaming, jurisdiction, taxation, environmental and cultural resource protection Brokering fee -
to - trust and related real estate and jurisdictional transactions Litigation & Appellate Services: Handling complex Indian law litigation, including commercial, labor & employment, tax,
land use, treaty rights, natural and cultural resource matters Litigating tribal trust mismanagement claims against the United States, and evaluating tribal and individual property claims
under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant
to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate
to publish the quarterly «Indian Legal Advisor ``, designed
to provide Indian Country valuable information about legal and political developments affecting tribal rights.
We offer expertise in conveyancing, easements, restrictive covenants, positive covenants, registration of title
to land, proprietary estoppel, settlements and trusts of land (including implied, resulting and constructive trusts and applications under the Trusts of Land and Appointment of Trustees Act 1996), access to neighbouring land, adverse possession, party walls, boundaries, boundary disputes, school sites, options and pre-emptions, overage and development agreements, property - related insolvency, ownership and disposition of land by charities and unincorporated associations, highways, Crown rights, chancel repairs, commons and town and village greens and property - related torts (including trespass and nuisance), stamp duty land tax and VAT on property transacti
land, proprietary estoppel, settlements and trusts of
land (including implied, resulting and constructive trusts and applications under the Trusts of Land and Appointment of Trustees Act 1996), access to neighbouring land, adverse possession, party walls, boundaries, boundary disputes, school sites, options and pre-emptions, overage and development agreements, property - related insolvency, ownership and disposition of land by charities and unincorporated associations, highways, Crown rights, chancel repairs, commons and town and village greens and property - related torts (including trespass and nuisance), stamp duty land tax and VAT on property transacti
land (including implied, resulting and constructive trusts and applications
under the Trusts of
Land and Appointment of Trustees Act 1996), access to neighbouring land, adverse possession, party walls, boundaries, boundary disputes, school sites, options and pre-emptions, overage and development agreements, property - related insolvency, ownership and disposition of land by charities and unincorporated associations, highways, Crown rights, chancel repairs, commons and town and village greens and property - related torts (including trespass and nuisance), stamp duty land tax and VAT on property transacti
Land and Appointment of Trustees Act 1996),
access to neighbouring
land, adverse possession, party walls, boundaries, boundary disputes, school sites, options and pre-emptions, overage and development agreements, property - related insolvency, ownership and disposition of land by charities and unincorporated associations, highways, Crown rights, chancel repairs, commons and town and village greens and property - related torts (including trespass and nuisance), stamp duty land tax and VAT on property transacti
land, adverse possession, party walls, boundaries, boundary disputes, school sites, options and pre-emptions, overage and development agreements, property - related insolvency, ownership and disposition of
land by charities and unincorporated associations, highways, Crown rights, chancel repairs, commons and town and village greens and property - related torts (including trespass and nuisance), stamp duty land tax and VAT on property transacti
land by charities and unincorporated associations, highways, Crown rights, chancel repairs, commons and town and village greens and property - related torts (including trespass and nuisance), stamp duty
land tax and VAT on property transacti
land tax and VAT on property transactions.
Protection
under the NTA is limited - recognition of culture is based on «frozen in time» view of Indigenous culture and societies; and provides for the recognition of only certain types of rights, eg no more than a right
to control
access to land.
Freedom of contract may offer some latitude
to establish more equitable relationships than that which occurs
under the NTA, although this depends on the willingness of companies
to abandon their legal rights and negotiate for speedier
access to land.
Yolŋu leadership has demonstrated the effectiveness of this model in East Arnhem
Land with improved
access to services and better health outcomes within a decade
under Miwatj community control.
The law alleged
to be discriminatory was one that restricted
access to land vested in Pitjantjatjara people
under land rights legislation
to those people.
[17] Department of Families, Community Services and Indigenous Affairs,
Access to Aboriginal
Lands under the Northern Territory Aboriginal
Lands Act - Time for a change?
[18] Department of Families, Community Services and Indigenous Affairs,
Access to Aboriginal
Land under the Northern Territory Aboriginal
Land Rights Act - Time for a change?
With water becoming the most significant global commodity, the rights for Indigenous peoples
to access and use ours
lands, waters and natural resources for economic development and
to build sustainable communities is also provided for
under the ICESCR and the Declaration on the Rights of Indigenous Peoples.
In any event, having
access to the sales price information at the
Land Registry is like knowing how much a car sold for, when you only know the: Make, Model and Year of Manufacture and not: what's
under the hood, the kilometers, overall condition and whether it has leather seats or plastic ones.