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Encyclopedia > Land claim

Land claims are a legal declaration of desired control over areas of property including bodies of water. 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. Aboriginal land claims are claims of Native or Aboriginal peoples (also referred to as Indigenous peoples) about their ownership of land before the arrival of settlers, primarily Europeans. ... Territorial claims of Antarctica Antarctica territories Currently there are seven claimant nations who maintain a territorial claim on eight territories in Antarctica. ...


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 America persons could claim a piece of land for themselves and the claim has different level of merit according to the de facto conditions: In general, the word colonial means of or relating to a colony. In United States history, the term Colonial is used to refer to the period before US independence. ... Motto: (Out Of Many, One) (traditional) In God We Trust (1956 to date) Anthem: The Star-Spangled Banner Capital Washington D.C. Largest city New York City None at federal level (English de facto) Government Federal constitutional republic  - President George Walker Bush (R)  - Vice President Dick Cheney (R) Independence from... De facto is a Latin expression that means in fact or in practice. It is commonly used as opposed to de jure (meaning by law) when referring to matters of law or governance or technique (such as standards), that are found in the common experience as created or developed without...

  1. claim without any action on the ground
  2. claim with (movable) property of the claimant on the ground
  3. claim with the claimant visiting the land
  4. claim with claimant living on the land.

Mining Claim (United States)

A mining claim is the claim of the right to extract minerals from a tract of public land. In the United States, the practice began with the California gold rush of 1849. In the absence of effective government, the miners in each new mining camp made up their own rules, and chose to essentially adopt mexican mining law then in effect in California. The Mexican law gave the right to mine to the first one to discover the mineral deposit and begin mining it. The area that could be claimed by one person was limited that that which could be mined by a single individual or a small group. The California Gold Rush (1848–1855) began on January 24, 1848, when gold was discovered at Sutters Mill. ...


The American system of mining claims is an application of the legal theory of prior appropriation, by which public property is granted to the first one to put it to beneficial use. Other applications of appropriation theory were the Homestead Act, which granted public land to farmers, and water rights in the west. The Homestead Act was a United States Federal law that gave freehold title to 160 acres (one quarter section or about 65 hectares) of undeveloped land in the American West. ...


The California miners spread the concept of mining claims to other mining districts all over the western United States. The US Congress legalized the practice in 1866, and amended it in the Mining Act of 1872. All land in the public domain, that is, federal land whose use has not been restricted by the government to some specific purpose, was subject to being claimed. The mining law has been changed numerous times, but still retains some features similar to those settled on by the California 49ers. The Mining Act of 1872 is U.S. federal legislation which authorizes and governs prospecting and mining for hard rock minerals such as gold and silver. ... The public domain comprises the body of all creative works and other knowledge—writing, artwork, music, science, inventions, and others—in which no person or organization has any proprietary interest. ...


Staking a claim (In Australia called "pegging" a claim) involves marking the claim boundaries, typically with wooden posts or prominent piles of rocks.


A mining claim always starts out as an unpatented claim. The owner of an unpatented must continue mining or exploration activities on an unpatented claim, or it becomes null. Activities on unpatented claims must be restricted to those necessary to mining. A patented claim is one for which the federal government has issued a patent (deed). To obtain a patent, the owner of a mining claim must prove to the federal government that the claim contains locateable minerals that can be extracted at a profit. A patented claim can be used for any purpose desired by the owner, just like any other real estate.


See also


  Results from FactBites:
 
Ontario Secretariat for Aboriginal Affairs - About Land Claims (1765 words)
Most land claims in Ontario arise from assertions by First Nations that promises made by the Crown in the treaties, especially promises with respect to land, were not honoured, or that there were misunderstandings or irregularities in the process of making or implementing the treaty.
While the resolution of land claims is primarily a federal government responsibility, provincial governments often have a role because of their own involvement in the historical events giving rise to the claim.
The Resolution of Land Claims in Ontario, A Background Paper was prepared by ONAS and presented to the Ipperwash Inquiry to assist in the Inquiry's examination of land claim policy and practice in the province.
Ahvenanmaa: Definition and Much More from Answers.com (2363 words)
The Åland Islands, or Landskapet Åland in Swedish (Åland pronounced /'ɔː.læn/or /'ɔː.lænd/ in English), or Ahvenanmaan maakunta/Ahvenanmaa (literally Perch's Land) in Finnish are an archipelago at the entrance of the Gulf of Bothnia in the Baltic Sea.
By reason of Åland's autonomous status, the powers exercised at provincial level by representatives of the central state administration in the rest of Finland are here largely in the remit of the Government of Åland (Ålands landskapsregering).
The Åland Islands are guaranteed representation in the Finnish parliament, and elect one representative.
  More results at FactBites »


 

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