Mabo v Queensland is a decision of the High Court of Australia, decided on 3 June 1992. It is a landmark case, brought by Eddie Mabo against the State of Queensland. The case is notable for recognising the pre-colonial land interests of Indigenous Australians within Australia's common law. Prior to Mabo, the pre-colonial property rights of First Nations people in Australia were not recognised at common law.
Eminent domain, land acquisition, compulsory purchase/acquisition, resumption, resumption/compulsory acquisition, or expropriation is the power of a state, provincial, or national government to take private property for public use. It does not include the power to take and transfer ownership of private property from one property owner to another private property owner without a valid public purpose. This power can be legislatively delegated by the state to municipalities, government subdivisions, or even to private persons or corporations, when they are authorized by the legislature to exercise the functions of public character.
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The Competition and Consumer Act 2010 (CCA) is an Act of the Parliament of Australia. Prior to 1 January 2011, it was known as the Trade Practices Act 1974 (TPA). The Act is the legislative vehicle for competition law in Australia, and seeks to promote competition, fair trading as well as providing protection for consumers. It is administered by the Australian Competition & Consumer Commission (ACCC) and also gives some rights for private action. Schedule 2 of the CCA sets out the Australian Consumer Law (ACL). The Federal Court of Australia has the jurisdiction to determine private and public complaints made in regard to contraventions of the Act.
Section 51(xxxi) is a subclause of section 51 of the Constitution of Australia.
Kohl v. United States, 91 U.S. 367 (1875), was a court case that took place in the Supreme Court of the United States. It invoked the Fifth Amendment to the United States Constitution and is related to the issue of eminent domain.
The Native Title Act 1993(Cth) is a law passed by the Australian Parliament, the purpose of which is "to provide a national system for the recognition and protection of native title and for its co-existence with the national land management system". The Act was passed by the Keating Government following the High Court's decision in Mabo v Queensland (1992). The Act commenced operation on 1 January 1994.
Land and property laws in Israel are the property law component of Israeli law, providing the legal framework for the ownership and other in rem rights towards all forms of property in Israel, including real estate (land) and movable property. Besides tangible property, economic rights are also usually treated as property, in addition to being covered by the law of obligations.
In common law jurisdictions such as England and Wales, Australia, Canada, and Ireland, a freehold is the common mode of ownership of real property, or land, and all immovable structures attached to such land. It is in contrast to a leasehold, in which the property reverts to the owner of the land after the lease period expires or otherwise lawfully terminates. For an estate to be a freehold, it must possess two qualities: immobility and ownership of it must be forever. If the time of ownership can be fixed and determined, it cannot be a freehold. It is "An estate in land held in fee simple, fee tail or for term of life."
Pollution insurance is a type of insurance that covers costs related to pollution. This can include the costs of brownfield restoration and cleanup, liability for injuries and deaths caused by pollution. Most businesses will purchase broad commercial general insurance or property insurance policies but these usually contain an "absolute pollution exclusion" and thus rarely cover pollution, although there may be limited pollution coverage.
The Twenty-fifth Amendment of the Constitution of India, officially known as The Constitution Act, 1971, curtailed the fundamental right to property, and permitted the acquisition of private property by the government for public use, on the payment of compensation which would be determined by the Parliament and not the courts. The amendment also exempted any law giving effect to the article 39(b) and (c) of Directive Principles of State Policy from judicial review, even if it violated the Fundamental Rights.
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is an Act of Indian Parliament that regulates land acquisition and lays down the procedure and rules for granting compensation, rehabilitation and resettlement to the affected persons in India. The Act has provisions to provide fair compensation to those whose land is taken away, brings transparency to the process of acquisition of land to set up factories or buildings, infrastructural projects and assures rehabilitation of those affected. The Act replaced the Land Acquisition Act, 1894 enacted during British rule.
Land acquisition is the power of the union or a state government in India to take private land for public, and to compensate the original owners and other persons affected due to such acquisition.
Compulsory purchase is the power to acquire rights over an estate in English land law, or to buy that estate outright, without the current owner's consent in return for compensation. In England and Wales, Parliament has granted several different kinds of compulsory purchase power, which are exercisable by various bodies in various situations. Such powers are "for the public benefit", but this expression is interpreted very broadly.
Commonwealth, State, and Territory Parliaments of Australia have passed Aboriginal land rights legislation.
The Land Compensation Act 1961 is an Act of Parliament of the United Kingdom, which concerns English land law and compulsory purchase. The majority of this Act was brought into force on 1 August 1961, with Part V s.42 coming into force on 22 July 1961.
Eminent domain in the United States refers to the power of a state or the federal government to take private property for public use while requiring just compensation to be given to the original owner. It can be legislatively delegated by the state to municipalities, government subdivisions, or even to private persons or corporations, when they are authorized to exercise the functions of public character.
As a legal document, the broad form deed severs a property into surface and mineral rights. This allows other individuals or organizations other than the land owners to purchase rights to resources below the surface. These parties also receive use of surface resources — such as wood or water — to facilitate gathering the resources below ground. Based on English legal theory but an American creation from the early 1900s, the broad form deed was used by land and coal companies in many states within the Appalachian Region.
Compulsory purchase are powers to obtain land in Scotland that were traditionally available to certain public bodies in Scots law. Scots law classifies compulsory purchase as an involuntary transfer of land, as the owner of the corporeal heritable property (land) does not consent to the transfer of ownership.
Property law in Ghana is the area of formal and informal law that governs how citizens can acquire, register, and maintain property. Property in this instance pertains to physical land and its resources. Property can be bought and acquired following statutory or customary laws. Eighty percent of land in Ghana is owned through customary law and the remaining twenty percent is bought and sold through a formal statutory measures.
