the context of usufructuary
rights, a subtler distinction is that a
"The right to continued occupancy of the Gull Lake reservation inextricably included usufructuary
rights, including the right to fish on Gull Lake," the judge wrote.
Development Regulation on the usufructuary
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...
right, meaning that the holder does not own the water but
The Cultural Limitation on Exploitation of Usufructuary
only, and while conferring the legal right to use the water
(138) The primary reasons, according to the court, were: (1) because water rights are usufructuary
, any use restriction effectively eviscerates the right; and (2) to a plaintiff, it made little difference whether the restraint followed from a regulatory constraint or from the government physically removing the water; the impact was the same.
Water rights across the United States are usufructuary
: a private party may have an entitlement to use water but not to own it.
The new land regime attempted to achieve the government's political ends by gradually transforming all farmers, slave or free, into peasant proprietors whose 'traditional' obligation to pay money to the state-understood by the English term 'tax'--stemmed from their investiture with usufructuary
rights to land.
(171) The idea of "possession" is used restrictively, applied only to owners, because "[t]he Roman probably understood by 'possession' not simply the holding of a thing but rather the holding of a thing in the manner of an owner;" (172) that is, a usufructuary
is not in possession of the land he uses.