nature of the usufructuary
property right to determine that no taking
However, Austad didn't find that Thompson had usufructuary
rights throughout the entire ceded territory.
A usufruct may be extinguished by: (a) the death of the usufructuary
, unless a contrary intention clearly appears; (b) the expiration of the period for which it was constituted or by the fulfillment of any resolutory condition provided in the title creating the usufruct; (c) merger of the usufruct and ownership in the same person; (d) renunciation of the usufructuary
; (e) total loss of the thing in usufruct; (f) termination of the right of the person constituting the usufruct; and (g) prescription.
, but legally represent the legal usufructuary
This is comparable to granting usufructuary
rights to beneficial users of water.
of taking rarely occurs with water rights given the usufructuary
Olive Dickason, for example, argues that the Mi'kmaq understood the Acadians to have only a usufructuary
right to the lands they occupied in Acadia and that the territory remained part of the Mi'kmaq domain: Olive Patricia Dickason, Canada's First Nations; A History of Founding Peoples from Earliest Times (Toronto: McClelland & Stewart, 1992) at 108 [Dickason, Canada's First Nations].
Ultimately, changes in the doctrine of indigenous usufructuary
rights over time suggests that constitutional innovation, not simply incremental judicial decision-making, will be necessary if the two nations wish to address fully some of the historic grievances of indigenous people.
right is merely "usufructuary
," that is, to use the water.
In the final analysis, the "rE[micro]dovans" system -- a usufructuary
tenancy that centers on licensing a mine for a certain period of time in return for a percentage of its profits -- which reduces the cost of production of one ton of coal from $140 to $28, was initially introduced by the Recep Tayyip Erdoy-an government.
Nevertheless, with regards a theoretical framework for the ownership of intellectual property, their intangible rights are forms of usufructuary
rights within the definition of manfa 'ah' which are "dispensable with their origin and of separate value are capable of being traded separately" (Abdul GhaniAzmi, 1995: 308).
In the United States, most human groundwater use occurs under some sort of claimed property right, with groundwater users claiming either ownership interests in the groundwater beneath their land or usufructuary
rights (16) to pump groundwater and put it to use.