The Forum > General Discussion > Don't Apologize For Me!
Don't Apologize For Me!
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Where customs and practices of people did not conflict with Crown laws, or laws or rulings under and in accordance with Crown Laws, then those practices could continue - until terminated.
The Constitution of the Commonwealth of Australia as agreed to by the People of Australia for Federation includes requirement provision for the payment of just compensation.
Australia's High Court appears believe termination of customs and practices involving or related or dependent upon usage of land or property includes entitlement to just compensation where such customs and practices are restricted or terminated.
Squatters rights, vacant possession, also include entitlement to just compensation.
Deciding whether particular Australians may posses valid claims involving 'crown land' or unalienated land particularly where people have lived continuously, or for long enough, takes time.
Whilst the justices recognized such rights may be 'extinguished' by the Crown issuing titles or leases for the land, such extinguishing may only be for the duration of the lease then restored, or may be permanently terminated.
However, just compensation needs be considered where and when land titles were issued or varied... losses may result in entitlements to Just Compensation where such losses occurred since federation.
Pursuit of legal resolution title by title for each land title issued since federation, on a case by case basis would be rather expensive in time, money, and political complications.
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