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The Aboriginal Land Rights Act 1976 established a procedure that transferred almost 50 per cent of land in the Northern Territory (around 600 000 km2) to collective Aboriginal ownership. [ 31 ] [ 4 ] Following this, some states introduced their own land rights legislation; however, there were significant limitations on the returned lands, or ...
Indigenous land rights are the rights of Indigenous peoples to land and natural resources therein, either individually or collectively, mostly in colonised countries. Land and resource-related rights are of fundamental importance to Indigenous peoples for a range of reasons, including: the religious significance of the land, self-determination, identity, and economic factors. [1]
Specific claims are longstanding land claims disputes pertaining to Canada's legal obligations to indigenous communities. They are related to the administration of lands and other First Nations assets by the Government of Canada, or breaches of treaty obligations or of any other agreements between First Nations and the Crown by the government of Canada.
To protect indigenous land rights, special rules are sometimes created to protect the areas they live in. In other cases, governments establish "reserves" with the intention of segregation . Some indigenous peoples live in places where their right to land is not recognised, or not effectively protected.
For the first 100 years of the history of the United States, the doctrine of aboriginal title existed only in dicta supplied by decisions concerning land disputes between non-indigenous parties. It was generally assumed, but untested, that aboriginal title could be vindicated by causes of action such as ejectment and trespass . [ 78 ]
In 2008, of the 12.4 million households in Canada, more than 8.5 million, over two-thirds (68.4%) owned their home, the highest rate since 1971. Much of the recent increases were in the form of condominiums, however, which are not land ownership in the traditional sense. In 1981, less than 4% of owner households owned condominiums.
The Mohegan Sun casino commemorates the site of the world's first common-law indigenous land rights case, decided in 1773.. Aboriginal title arose at the intersection of three common law doctrines articulated by the Judicial Committee of the Privy Council: the Act of State doctrine, the Doctrine of Continuity, and the Recognition Doctrine. [1]
In Canada, aboriginal title is considered a sui generis interest in land. Aboriginal title has been described this way in order to distinguish it from other proprietary interests, but also due to the fact its characteristics cannot be explained by reference either to only the common law rules of real property, or to only the rules of property found in Indigenous legal systems.