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At the heart of the S.E.C.'s investigation are transactions known as indefeasible rights of use, or I.R.U.
But individuals and communities have competing definitions of who can "own" indigenous culture and what rights of use, display and reproduction attend that ownership.
Clauses 21 and 22 allow it to transfer property from other public bodies to the Homes and Communities Agency and permanently to extinguish easements (rights of use), public rights of way, and the protections afforded to consecrated ground.
In February the government won a legal tussle over the rights of use after the supreme court upheld a 2009 ruling which handed the state control of the area.
Until around six months ago, these transactions, known in the telecommunications world as swaps of I.R.U.'s, or indefeasible rights of use, were especially widespread among operators of transoceanic and transcontinental networks, like Global Crossing and Qwest.
Because the easement provides only limited rights of use and the servient owner regains full rights to use the property once the easement terminates, buying an easement is usually less expensive than buying an ownership interest in land.
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Right-of-use means any authorization issued under this part to use OCS lands.
The first, getting a right-of-use certificate from the government, involves paying higher taxes.
At the same time, a right-of-use certificate from the government is issued to the foreign buyer.
This is done by means of a government-issued right-of-use permit, a renewable document that typically lasts 25 years.
For properties that carry a right-of-use permit, the seller and the buyer each pay 5 percent of the transfer tax.
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