Crown land

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(Redirected from
Crownland
)
This article is about the territorial area belonging to a monarch. For the band, see Crown Lands (band).

English feudalism
Manorialism
Feudal land tenure in England
Feudal duties
Feudalism

Crown land (sometimes spelled crownland), also known as royal domain, is a territorial area belonging to the monarch, who personifies the Crown. It is the equivalent of an entailed estate and passes with the monarchy, being inseparable from it. Today, in Commonwealth realms, crown land is considered public land and is apart from the monarch's private estate.

Australia

See also:
Aboriginal land rights in Australia and Native title in Australia

In Australia, public lands without a specific tenure (e.g. National Park or State Forest) are referred to as Crown land or State Land, which is described as being held in the "right of the Crown" of either an individual

Commonwealth of Australia; there is not a single "Crown" (as a legal governmental entity) in Australia (see The Crown
). Most Crown lands in Australia are held by the Crown in the right of a State. The only land held by the Commonwealth consists of land in the Northern Territory (surrendered by South Australia), the Australian Capital Territory, Jervis Bay Territory, and small areas acquired for airports, defence and other government purposes.

Each jurisdiction has its own policies towards the sale and use of Crown lands within the State. For example, New South Wales, where over half of all land is Crown land,[1] passed a controversial reform in 2005 requiring Crown lands to be rated at market value.[2] Crown lands include land set aside for various government or public purposes, development, town planning, as well as vacant land. Crown lands comprise around 23% of Australian land, of which the largest single category is vacant land, comprising 12.5% of the land. [3]

Crown land is used for such things as airports, military grounds (Commonwealth), public utilities (usually State), or is sometimes unallocated and reserved for future development.

In

Victoria,[4] it is the Crown Land (Reserves) Act 1978 and the Land Act 1958
.

Austria

From the late 18th century onwards, the territories acquired by the Austrian

March Constitution
.

By the 1861 February Patent, proclaimed by Emperor Franz Joseph I, the Austrian crown lands received a certain autonomy. The traditional Landstände (estates) assemblies were elevated to Landtage legislatures, partly elected according to the principle of census suffrage.

After the

Transleithania); ruled in real union with the remaining Austrian crown lands (officially: "The Kingdoms and Lands represented in the Imperial Council") of Cisleithania
until the disintegration of the dual monarchy in 1918.

Bohemia

Main article: Czech lands

The medieval European state of the Crown of Bohemia, which was an electorate of the Holy Roman Empire, consisted of crown lands: Kingdom of Bohemia, Margraviate of Moravia, Duchies of Silesia, Upper and Lower Lusatia.

Barbados

When it was a commonwealth realm, in Barbados, the term crown land extended to all land that is under the control or ownership of The Crown (a.k.a. the Government).[5] This could also pertain to land seized by the government, (either through eminent domain or due to criminal activity), or toward lands with backed taxes. The term Crown lands had been used in relation to government owned farms, beaches, and other land areas also maintained by the National Housing Corporation.[6] The Government did not allow private ownership of Barbados' 97 kilometres (60 mi) of coastal beaches in the country, and all areas below the high-tide watermark in the country were considered specifically as "Crown land".

After November 30, 2021, Barbados had transitioned to a republic, replacing the Monarchy of Barbados with a president as head of state. This caused all crown lands to become state lands instead.[7] Effectively in practice, however, functions of state lands remained the same as crown lands.

Canada

See also: Indigenous land claims in Canada, First Nations in Canada, and Land ownership in Canada

Within Canada, Crown land is a designated territorial area belonging to the

provincial parks
or wilderness.

Crown land is the equivalent of an

advised otherwise by the relevant ministers of the Crown. Crown land provides the country and the provinces with the majority of their profits from natural resources, largely but not exclusively provincial, rented for logging and mineral exploration rights; revenues flow to the relevant government and may constitute a major income stream, such as in Alberta
. Crown land may also be rented by individuals wishing to build homes or cottages.

Alberta

In the province of

order in council.[12] Crown land is governed by the Public Lands Act, originally passed as the Provincial Lands Act in 1931 and renamed in 1949.[9]

British Columbia

94% of the land in British Columbia is provincial Crown land, 2% of which is covered by fresh water. Federal Crown land makes up a further 1% of the province, including Indian reserves, defence lands and federal harbours, while 5% is privately owned. The Ministry of Forests, Lands and Natural Resource Operations issues Crown land tenures and sells Crown land on behalf of the Crown in Right of British Columbia.[13]

Saskatchewan

Approximately 65% of Saskatchewan's land is Crown land.[14]

Newfoundland and Labrador

95% of Newfoundland and Labrador is provincial Crown land.[10]

New Brunswick

Currently, 48% of New Brunswick's territory is Crown land,[15] used for such things as for conservation projects, resource exploitation, and recreation activities. However, through treaties between First Nations and the Crown in Right of Canada, the provincial Crown grants or denies long-term use of Crown lands by aboriginals, as per the treaties.

Nova Scotia

As of October 2013, of the 5.3 million hectares (13 million acres) of land in Nova Scotia, approximately 1.53 million hectares (3.8 million acres or about 29% of the province) is designated as Crown land.[16] Crown land is owned by the province and managed by the Department of Natural Resources on behalf of the citizens of Nova Scotia. It is a collective asset which belongs to all Nova Scotians.[16] Many acres of Crown land are licensed for a variety of economic purposes to help build and maintain the prosperity of the province. These purposes range from licenses and leases for cranberry bogs, forestry operations, peat bogs, power lines, wind energy, to broadband towers, and tidal energy. In addition, most of the submerged lands (the sea bed) along the province's 9,000 kilometres (5,600 mi) of coastline are also considered Crown land. Exceptions would include federally and privately owned waterlots. The province owns other land across Nova Scotia, including wilderness areas, protected areas, highways, roads, and provincial buildings. These parcels and structures are managed and administered by other departments and are not considered Crown land.[16]

Manitoba

By the Crown Lands Act,

Lieutenant Governor-in-Council alone has the ability to augment or disperse Crown land and to determine the price of any Crown land being bought or leased. Crown land is used for varying purposes, including agriculture, wind farming,[18][19] and cottages, while other areas are set aside for research, environmental protection, public recreation, and resource management.[19] Approximately 95% of the province's forests sit within provincial Crown land.[20]

Ontario

87% of the province is Crown land, of which 95% is in northern Ontario. It is managed by the Ministry of Natural Resources and Forestry and is used for economic development, tourism and recreation.[21]

Prince Edward Island

88% of the land on Prince Edward Island (PEI) is privately held, leaving 12% of the land as public, or Crown, land. It is the province with the smallest percentage of Crown land, and it is managed by the Ministry of Environment, Energy, and Climate Action.[22] Usage of these lands is for non-economic purposes such as hunting, fishing, trapping, foraging, hiking and bird watching.

Quebec

More than 92% of Quebec's territory is Crown land. This heritage and the natural resources that it contains are developed to contribute to the socioeconomic development of all regions of Quebec. Public land is used for a variety of purposes: forestry, mineral, energy, and wildlife resources; developing natural spaces, including parks for recreation and conservation, ecological preserves, and wildlife refuges and habitats; developing infrastructure for industrial and public utilities purposes as well as for leisure and vacation purposes.[23]

France

Main article: Crown lands of France

The crown lands, crown estate, or royal domain (domaine royal) of France refers to the lands and

territory of the kingdom of France
and for much of the Middle Ages significant portions of the kingdom were direct possessions of other feudal lords.

In the 10th and 11th centuries, the first Capetians—while being rulers of France—were among the least powerful of the great feudal lords of France in terms of territory possessed. Patiently, through the use of feudal law (and, in particular, the confiscation of fiefs from rebellious vassals), skillful marriages with female inheritors of large fiefs, and even by purchase, the kings of France were able to increase the royal domain, which, by the 16th century, began to coincide with the entire kingdom. However, the medieval system of appanage (a concession of a fief by the sovereign to his younger sons and their sons after them, although they could be reincorporated if the last lord had no male heirs) alienated large territories from the royal domain and created dangerous rival territories (especially the Duchy of Burgundy in the 14th and 15th centuries).

Hawaii

See also:
Ceded lands

Prior to the

Great Mahele. Kamehameha III and his successors made these lands their private property, selling, leasing or mortgaging at their enjoyment. At the death of Kamehameha IV, it was decided by the Kingdom's Supreme Court that under the above-mentioned instrument executed by Kamehameha III, reserving the Crown Lands, and under the confirmatory Act of 7 June 1848, "the inheritance is limited to the successors to the throne", "the wearers of the crown which the conqueror had won," and that at the same time "each successive possessor may regulate and dispose of the same according to his will and pleasure as private property, in like manner as was done by Kamehameha III." Afterwards an Act was passed 3 January 1865, "relieve the Royal Domain from encumbrances and to render the same inalienable." This Act provided for the redemption of the mortgages on the estate, and enacted that the remaining lands are to be "henceforth inalienable and shall descend to the heirs and successors of the Hawaiian Crown forever," and that "it shall not be lawful hereafter to lease said lands for any terms of years to exceed thirty." The Board of Commissioners of Crown Lands shall consist of three persons to be appointed by His Majesty the King, two of whom shall be appointed from among the members of His Cabinet Council, and serve without remuneration, and the other shall act as Land Agent, and shall be paid out of the revenues of the said lands, such sum as may be agreed to by the King."[24]

The lands were held by

Queen Lili'uokalani before 17 January 1893. On this date, the monarchy was overthrown. The crown lands were taken in charge by the provisional and republican governments. When the Republic of Hawaii
joined the United States in 1898, the territorial government took ownership. In 1910, Liliuokalani, the former Queen, unsuccessfully attempted to sue the United States for the loss of the Hawaiian Crown Lands.

In March 2009, the U.S. Supreme Court issued a unanimous opinion in Hawaii v. Office of Hawaiian Affairs, reversing the Hawaii Supreme Court's holding that the federally enacted Apology Resolution of 1993 bars the State of Hawaii from selling to third parties any land held in public trust until the claims of Native Hawaiians to the lands have been resolved. The Court first held that it had jurisdiction to review the Hawaii Supreme Court's opinion because it rested on the Apology Resolution. It then found the Hawaii Supreme Court's interpretation of the Apology Resolution to be erroneous, and held that federal law does not bar the State from selling land held in public trust. Accordingly, it remanded the case to the Hawaii Supreme Court to determine if Hawaiian law alone supports the same outcome.

Hong Kong

All "Crown leases" in the former British crown colony became "government leases" on 1 July 1997 upon the change of status of the territory.[25][26]

Poland and Lithuania

This section is about the "
state properties" of Polish and Polish–Lithuanian Kings. For unit of administrative division inter alia in Polish–Lithuanian Commonwealth, see Crown of the Kingdom of Poland
. (not to be mistaken with "Crown lands").

Legal condition

In

Polish-Lithuanian Commonwealth
crown lands were known as królewszczyzny which translates to regality or royal land.

In the

Kingdom of Poland under the rules of Piast then Jagiellonian dynasties the institution of crown lands was similar to those in Great Britain or Austria-Hungary: the lands were the property of the monarch or dynasty.[citation needed] Beginning in 15th century the properties were often leased, gifted or hocked to the members of the nobility. Those nobles who had received the privilege of administering the crown lands (and thus keeping most of its profits) had the title of Starosta. Once given a crown land, one had the right to keep it "for life".[citation needed] Families of Starostas often wanted to unlawfully keep the royal properties, and that led to common abuses of law.[citation needed
]

After the end of Kingdom in Poland the era of new political system called "Republic of

state property".[citation needed
]

Formally "royal lands" formed about 15–20% of Poland (later, the Polish–Lithuanian Commonwealth), and were divided into two parts:

  • the royal table estates [pl] (dobra stołowe or ekonomie), which were provided money for king's personal treasure and expenses, among them the support of the army (wojsko kwarciane)
  • the rest, which the king was obliged to lease to the outstanding members of the nobility.

Among the largest Crown lands in the 16th and 17th centuries were the territories of

Crown of the Polish Kingdom
.

Monarch's economies in, as it was called, "Republic" of Lithuania (Grand Duchy of Lithuania) were: biggest

Mohylew
.

The legal conditions of peasants were better in the Crown lands than on the hereditary estates of the nobility, as there were fewer serfdom obligations.[citation needed]

Conditions in the Crown

Mostly due to lack of constant dynasty in Poland (see:

local magnates
, sometimes even semi-independent from the state.

Ruch egzekucyjny (lit. execution movement) and subsequently elected Kings were gradually weakened because szlachta achieved more and more privileges – the "Golden" Liberty
.

Eventually the nobility controlled most of the crown lands. People without a formal title of nobility inherited or granted were not allowed to be infeudated with regalities.

After the First Partition of Poland crown lands were reformed in 1775, lessening the abuses of the nobility, and the Great Sejm of 1788–1792 decided to put them on sale, to raise funds for reforms and modernisation of the army.

After the following partitions of Poland in 1795 the "royal lands" were directly annexed by the partitioning powers.

Situation in Lithuania

In the Great Duchy of Lithuania political nation did not follow experience of neighbouring Poland. Lithuanian magnates retained such lands in their hands.

Spain

Main article: Patrimonio Nacional

Historically, the

kings of Spain
have possessed vast lands, palaces, castles and other buildings, however, at present all those properties are owned by the State. The Crown lands are administered by an independent institution called Patrimonio Nacional, which is responsible for the maintenance of these properties that are always available to the King or Queen of Spain.

United Kingdom and its predecessor states

Main article: Crown Estate

Historically, the properties now known as the

George III surrendered control over the Estate's revenues to the treasury, in order to relieve him from paying for the costs of the civil service, defence costs, the national debt, and his own personal debts, and, in return, to receive an annual grant known as the Civil list.[27]

Vietnam

The

Kinh ethnic group did not make up the majority. Later it became a type of administrative unit of the State of Vietnam.[28] It was officially established on 15 April 1950 and dissolved on 11 March 1955.[28] In the areas of the Domain of the Crown, Chief of State Bảo Đại was still officially (and legally) titled as the "Emperor of the Nguyễn dynasty".[29]

See also

References

  1. ^ "NSW Land and Property Information". Archived from the original on 7 November 2017. Retrieved 16 February 2016.
  2. ^ Crown land rent changes spark concerns for clubs, ABC News, 10 November 2005
  3. ^ Land Tenure at Geoscience Australia
  4. ^ Crown Land; Department of Environment, Land, Water and Planning
  5. ^ Barbados Government: Crown Lands (Vesting and Disposal) – CAP.225,
  6. ^ "More homes on the way". The Barbados Advocate. 9 November 2008. Archived from the original on 15 February 2012. Retrieved 5 December 2012.
  7. ^ "Road to Republic frequently asked questions". Barbados Today. 26 November 2021. Retrieved 21 June 2022.
  8. Department of Indian and Northern Affairs Canada. "Federal Crown Land". Queen's Printer for Canada. Archived from the original
    on 13 June 2011. Retrieved 2 October 2009.
  9. ^ a b c Government of Alberta (September 1997), About Public Lands (PDF), Queen's Printer for Alberta, archived from the original (PDF) on 25 March 2013, retrieved 18 October 2012
  10. ^ a b V.P. NEIMANIS. "Crown Land". The Canadian Encyclopedia: Geography. Historica Foundation of Canada. Retrieved 12 February 2007.
  11. ^ Elizabeth II (2004). "Alberta Land Titles Procedures Manual" (PDF). Background (CRG-3 ed.). Edmonton: Alberta Queen's Printer (published 12 November 2004): 1. Retrieved 1 February 2009. {{cite journal}}: Cite journal requires |journal= (help)
  12. ^ Elizabeth II 2004, Registration Procedure A.1
  13. ^ Ministry of Forests, Lands and Natural Resource Operations. "Crown Land, Ministry of Forests, Lands and Natural Resource Operations". Archived from the original on 12 July 2016. Retrieved 20 July 2016.
  14. ^ "Sask. Indigenous critic says newly published maps show 10% of Crown lands remain | Globalnews.ca". Global News. Retrieved 2 January 2024.
  15. ^ Mitchell, Simon, J. (June 2003), Who Owns Crown Lands?, Falls Brook Centre, archived from the original on 27 May 2011, retrieved 15 May 2011{{citation}}: CS1 maint: multiple names: authors list (link)
  16. ^ a b c Crown Land in Nova Scotia, Province of Nova Scotia, October 2013, retrieved 8 December 2014
  17. ^ Elizabeth II, Crown Lands Act, Queen's Printer for Manitoba, retrieved 22 June 2012
  18. ^ "Manitoba Agriculture, Food and Rural Initiatives: Agricultural Crown Lands Leasing Program". Gov.mb.ca. Archived from the original on 3 November 2012. Retrieved 5 December 2012.
  19. ^ a b "Government of Manitoba: Some Questions and Answers Regarding Manitoba's Crown Land Policies for Wind Farms" (PDF). Archived from the original (PDF) on 19 March 2012. Retrieved 5 December 2012.
  20. ^ "Forests". Manitoba Wildlands. Retrieved 5 December 2012.
  21. ^ "Crown land". www.ontario.ca. Retrieved 8 June 2020.
  22. ^ "Public Lands". www.princeedwardisland.ca. Retrieved 10 August 2022.
  23. ^ "MERN- Quebec's Borders". www.mern.gouv.qc.ca. Archived from the original on 22 September 2020. Retrieved 18 May 2017.
  24. ^ "Hawaiian Kingdom – History of Land titles". Hawaiiankingdom.org. Retrieved 5 December 2012.
  25. ^ Interpretation and General Clauses Ordinance
  26. ^ Conveyancing and Property Ordinance
  27. ^ The House of Commons Treasury Committee (2010). The management of the Crown Estate (PDF). London: House of Commons. pp. 5–8.[1]
  28. ^ a b Anh Thái Phượng. Trăm núi ngàn sông: Tập I. Gretna, LA: Đường Việt Hải ngoại, 2003. Page: 99. (in Vietnamese).
  29. ^ Lê Đình Chi. Người Thượng Miền Nam Việt Nam. Gardena, California: Văn Mới, 2006. Pages: 401-449. (in Vietnamese).

External links

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