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Not of this earth: The extraterrestrial nature of statutory property in the 21st century

Storey, M (2006). Not of this earth: The extraterrestrial nature of statutory property in the 21st century. Australian Resources and Energy Law Journal,25(1):51-64.

Document type: Journal Article
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Title Not of this earth: The extraterrestrial nature of statutory property in the 21st century
Author Storey, M
Journal Name Australian Resources and Energy Law Journal
Publication Date 2006
Volume Number 25
Issue Number 1
ISSN 1447-9710   (check CDU catalogue open catalogue search in new window)
Start Page 51
End Page 64
Total Pages 14
Place of Publication Melbourne, Victoria, Australia
Publisher AMPLA
HERDC Category C1 - Journal Article (DEST)
Abstract TIle paper considers the characterization of natural resource titles through focussing upon the objects of such characterization. Historically, two objects are suggested.- the ability to create interests in rem; and, protection against arbitrwJI deprivation ofproperty. The paper suggests that concentration on these issues has clouded accurate characterization of natural resource titles. T71is theme is developed by exploring a taxonomy ofstatutory titles and examining how the law has treated various forms ofstatut01J1 right with regard to the two identified issues. T71e latter section ofthe paper then considers some commOn forms ofnatural resource title in light ofthis taxonomy. The paper concludes by quelJ,ing whether regard to notions such as 'known to the general law' and 'radical title ofthe Crown' are an apt basis for managing property in contempormy society.
 
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Created: Tue, 17 Mar 2009, 15:09:28 CST