Crown land
From Free net encyclopedia
Crown land is a designated land belonging to the Crown, the equivalent of an entailed estate that passed with the monarchy and could not be alienated from it.
In the United Kingdom and during the British Empire, the hereditary revenues of Crown lands were a feature until the start of the reign of George III when the Crown Estate was surrendered to Parliament in return for a fixed civil list payment - the monarch retains the income from the Duchy of Lancaster. The concept of Crown land in Canada and Australia has developed in parallel to the development of Federal lands in the US.
In the Austro-Hungarian Empire and its predecessor the Austrian Empire Crown lands were alternative administrative units to Duchys, same as in the Kingdom of Poland and its successor, the Polish-Lithuanian Commonwealth.
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United Kingdom and its predecessors
See Crown Estate.
The Commonwealth of Nations
In theory, also, state lands in the former British colonies were supposed to be vested in the crown, and they are called crown lands; actually, however, the various national legislatures have full control over them, including power of disposal. In the Commonwealth of Nations, the law concerning these lands has developed further.
Australia
In Australia, Crown land comprises approximately half of all land even in well-populated New South Wales. Most of the Crown land management functions, which are undertaken by the DPIWE's Crown Land Services Branch, are governed by the Crown Lands Act 1976.
Tasmanian Crown Lands Act 1976
Canada
In total about 89% of Canada's massive land area is crown land. About 41% of Canada's land is controlled by the federal government. This includes almost all of the Northwest Territories and Nunavut, where much of the management responsibilities have been handed over to the territorial governments. 48% of the land is provincial government crown land, and only 11% of Canadian territory is in private hands. Crown lands includes the properties controlled by the Canadian Forces, Indian reserves, National Parks, and Provincial Parks. Most crown land, however, is wilderness that private concerns are able to rent. Private corporations are able to buy logging and mineral rights to crown lands, and almost all of Canada's massive natural resource extraction industries are based on crown land. Crown land can also be rented by individuals who wish to build homes or cottages.
Austro-Hungary
The term crownlands, in Austria-Hungary under the Dual Monarchy, was applied to the various provinces. Template:Sect-stub
Poland
In Poland, the Crown lands were known as królewszczyzny (sing. królewszczyzna). Since 15th century they have been leased or gifted to the members of nobility (szlachta). 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'.
Ruch egzekucyjny (execution movement) of the late 16th century, led by kanclerz Jan Zamoyski, put one of its goals the 'execution of lands', i.e. return of all Crown lands, which were often illegaly held by next generations of starost family. In 1562-1563 they forced most of the Crown land in the Crown of the Polish Kingdom to be returned to monarch, however they failed to force the magnates of Grand Duchy of Lithuania to give up their prizes (Poland and Lithuania were ruled by the same kind, and became one country after the Union of Lublin in 1569).
Crown formed about 15-20% of the lands of Poland (later, the Polish-Lithuanian Commonwealth), and were divided into two parts:
- the table lands (dobra stołowe or ekonomie), which were providing money for the king's personal trasure and expences, among them the support of army (wojsko kwarciane)
- the rest, which the king had the obligation to lease to the outstanding members of szlachta
Eventually szlachta controlled most of the Crown lands. A movement to restore kings power and evict some of szlachta who illegaly held their starostwa
Among the largest Crown lands in the 16th and 17th centuries were the territories of Grodno, Malbork and Wielkorządy with Niepołomice in the Crown of the Polish Kingdom, and Mohylew and Sambor on Lithuania.
Peasant situation was better in the Crown lands then on the territories held by szlachta (fewer serfdom obligations).
Crown lands were reformed in 1775, lessening the abuse of szlachta, and the Great Sejm of 1788-1792 decided to put them on sale, to raise funds for reforms (and modern army). After the partitions of Poland in 1795 they were directly annexed by the partitioning powers.
References
See also
- air rights
- Countryside and Rights of Way Act 2000 (in the UK)
- easement ("the right of use over the real property of another")
- land rights
- prior appropriation water rights
- right of public access to the wilderness
- riparian water rights
- Backpacking