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Most people are buried on family land to ensure their children's right of occupancy.
"The right of occupancy is governed by the cooperative's proprietary lease," she added.
The league's program was based upon the "three F's": fair rent, fixity of tenure, and free sale of the right of occupancy.
The court cited Johnson v. M'Intosh (1823) for the proposition that: "[t]he title of the Indians was possessory, and embraced the right of occupancy only.
The fact that such right of occupancy finds no recognition in any statute or other formal governmental action is not conclusive.
A second, competing view was that the Indians possessed only a possessory right of occupancy, not fee simple to their land.
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When the colonial and post-independence governments established national parks and game reserves in these customarily owned lands, local people were evicted and rights of occupancy gradually extinguished.
Fifth, the Court rejected estoppel: "Since these Indians with the implied consent of the government had acquired such rights of occupancy as entitled them to retain possession as against the defendants, no officer or agent of the government had authority to deal with the land upon any other theory".
Each inhabits a territory that it considers to be its own by right of first occupancy and inheritance.
Typically (but optionally), humans agree to a right of first occupancy or direct use, limited by the proviso of actual utility and the ability to defend what is occupied (DJN IV.6.3)—though this does not suffice for ownership without consent.
Barker rejected in part the reasoning of the California Supreme Court from Byrne, noting: "Surely a claimant would have little reason for presenting to the land commission his claim to land, and securing a confirmation of that claim, if the only result was to transfer the naked fee to him, burdened by an Indian right of permanent occupancy".
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com