value of the water, gives rise to usufructuary
riparian property rights.
(35) A usufructuary
property system is one in which the land is communal, but certain people are authorized to use parts of the land for certain purposes.
In an earlier order, Austad wrote that Northrup's co-defendant, Todd Thompson, did in fact retain usufructuary
rights on Gull Lake because he is enrolled in the White Earth Band of Ojibwe and therefore a member of "the Chippewa of the Mississippi," which was a signator to the 1855 treaty.
Before entering the land, MSBFI should have: (a) made, after notice to the NHA, an inventory of all the land, which shall contain an appraisal of the movables, and a description of the condition of the immovable, except when no one will be injured thereby; and (b) given security, binding itself to fulfill the obligations imposed upon him as usufructuary
's who reside in properties located in one of the real estate
and traditions of Native Americans and previous Spanish colonizers to develop the law of appropriation,(43) which seventeen western states adopted.(44) Any water on public lands was subject to appropriation by someone who wanted to put the water to beneficial use.(45) Rights would vest once actual work was completed to divert the water to where it was needed.(46) Once vested, the appropriator would have the ability to perpetually use and consume the same quantity of water each year,(47) and the beneficial uses of that water form the boundaries of the claimant's usufructuary
right.(48) Critically, if the appropriator stopped putting the water to that beneficial use, then the appropriation right was lost under a "use it or lose it" principle.(49)
water right interest is that the right is a usufructuary
right, not a
"Unorganized, unite urgently!" "Urbanize Uranus." "Universal unbounded usufructuary
Customary Freehold or Usufructuary
Rights: The usufructuary
title in Ghana is the highest type of land ownership a subject or individual member of a family can hold in stool/skin or family.
This is a residue of the St Catherine's Milling (157) decision, in which Lord Watson characterized Aboriginal title as a "personal and usufructuary
right, dependent upon the good will of the Sovereign." (158) This characterization has clearly been abandoned in contemporary jurisprudence.
(226) establishes a property right, not simply a usufructuary
Article 46 of the Hague Relations prohibits the confiscation of private property, and under Article 55, "the occupying State shall be regarded only as administrator and usufructuary
of public buildings, real estate, forests, and agricultural estates belonging to the hostile State, and situated in the occupied country.