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.
Blackstone writes that our ancestors, if provided merely a usufructuary right
of property, would not seek to improve upon it in a way that would make life "more easy, commodious, and agreeable; as, habitations for shelter and safety, and raiment for warmth and decency."(91) But as mankind developed, the right evolved and ossified to enable the efficient distribution of land to create permanent agrarian communities and shift away from hunter-gatherer societies.(92) Blackstone concludes that the "permanent right of property...
Depending on the legal system and the type of use, these rights have been called "common law aboriginal rights," "usufructuary rights
," "off-reservation rights," "reserved rights," "unextinguished rights," "inherent rights," "non-territorial aboriginal title" and "customary rights." They have been analogized to "profits a prendre," access rights" or easements by the courts.
For the English, the negotiation of usufructuary rights
to land was central to political authority.
Research on and discussion surrounding the establishment of water rights has emphasized that usufructuary rights
include both the right to use and the right to derive profit from water resources.
(3) In addition, the Land Commission, a relic of Dergue rule, has recently attempted to grant usufructuary rights
to housing and farming land to Eritreans equally, regardless of sex, belief, race, or clan.
(35) In this dispute, members of the Chippewa Tribe sought, among other things, a declaratory injunction against Minnesota stating that the tribe retained usufructuary rights
to hunt, fish, and gather wild rice pursuant to an 1837 treaty.
The most influential element of Maxwell's ideas was the notion that indigenous cultivators had only usufructuary rights
over land, while a superior proprietary ownership in all land had once been vested in a native ruler; this ownership, it was believed, now devolved to the British.
There is no obvious reason why the usufructuary rights
attached to Aboriginal title should not survive the signing of the Treaty.
In 1999, Minnesota spent $6 million on legal fees only to get a jarring wake-up call when the US Supreme Court upheld Chippewa "usufructuary rights
" on 10,000 square miles of their ancestral ground.
Households held usufructuary rights
, and in many cases, this interest was passed on to successors.
The land used for these common areas was held by the community with usufructuary rights
to all settlers, however, title to the land reserved for common use was most often held by the local government or community but it could be held by the federal government or by an individual.(11)