|The Mercurian Empire
|The Land Claims Act
|Page 1 of 1|
|Author:||Wysterian Labourer's Council [ November 30th, 2016, 11:46 am ]|
|Post subject:||The Land Claims Act|
The Land Claims Act:
Process For Claiming Land In Hermertia
Process for Making a Land Claim
The highest legal authority of a realm recognized under the Council of the Crowned may at any time submit a claim for the addition of lands, currently recognized as unclaimed, to their realm. This may be formally requested in the form of a letter (post) to the Imperial Court.
The following items must be presented with a claim for lands to the Imperial Court so as to justify the claim:
a) A map of both the immediate claimed area and in context with current regional and/or imperial maps
b) Evidence that lands currently claimed are being used to an extent to justify the claim
c) Statement of intent and purpose for the lands claimed
Approval of a Land Claim
Once a Claim has been made in the Imperial Court, the claim is open to comments from all members of the Mercurian Empire. Individuals may make comments and ask questions concerning the claim during the week following the claim being filed.
During this week-long period, any member of the Council of the Crowned may call for a vote of the Council of the Crowned if the Council and/or the members of the Mercurian Empire feel the expansion is an over-extension of the realm making the claim. If a majority (50% + 1) of active sitting members of the Council record a vote against the claim, the claim has failed and may not be acted upon by the claimant. If a vote does not receive this majority, the claim passes the vote.
Once the week-long period has elapsed, the claim may no longer be challenged in the Imperial Parliament.
Process for Claiming an Independent Holding
Any member of the Empire of rank Count or above may seek to establish an independent holding, of which they are the highest legal authority, in any lands currently recognized as unclaimed.
This is accomplished through the submission of a formal proposal for the creation of an independent holding to the Imperial Court; the proposal must include:
a) A map of the area including defined borders claimed in context with current regional and/or imperial maps, and
b) Statement of intent and purpose for the lands claimed.
Once a proposal has been submitted to the Imperial Court, it must be subject to and pass a vote of confidence from the Imperial Parliament. To be recognized as an independent holding, the proposal must receive a vote in confidence from either a clear majority of the Council of the Crowned (60%) or a clear majority of the Council of the Crowned (60% - 1) concurrent with a majority of the House of Dukes (>50%)
Once a proposal for the creation of an independent holding has been recognized, that realm shall immediately be recognized under Imperial law and entitled to all rights, freedoms, and duties this entails.
Land Claim Size
While individual claims may typically be on the order of approximately one to three counties - smaller regions of land that vary greatly in size and composition - there is no legal restriction to the size of lands that may be claimed. However, reviewers are instructed to consider items such as rank, current development of lands including population, number of settlements and infrastructure, number and contributions of vassals residing under the claimant, proximity to other claims, and justifications provided for the claim in determining whether a claim is justified.
Dispute of Claims
There are multiple courses of action available in the case of a claims dispute between two or more parties over previously unclaimed land. The parties may engage in discussion, request third party mediation, or sign a contract. However, if this does not result in an agreeable compromise, a claims dispute may also be recognized as legal justification for war. In the event that a 'claims war' should be declared, terms (specifying the eventuality of the claim should each party be victorious) should be mutually agreed upon between all parties before combat commences. If all options to resolve a claims dispute have been exhausted, the Empire may convene a judicial hearing as described in the Indoles Carta to resolve the status of the claim.
Rules Governing Vassalage Relationships After Independence
Where the creation of an independent holding results in a vassal or vassals ceasing to be under a liege, the former vassal(s) is entitled to the following rights:
a) The individual(s) retain their former rank as recognized by the Empire.
b) The individual(s) retain custody of all materials, items, and other goods in their possession at the time of the creation of the independent holding. The individual(s) do not retain custody of or jurisdiction over any physical buildings, property, lands, or peoples inside the lands of their former liege, which shall return to the primary custody of the liege unless otherwise agreed upon.
|Author:||Wysterian Labourer's Council [ November 30th, 2016, 12:28 pm ]|
|Post subject:||Re: The Land Claims Act|
Categorized by the Imperial Parliament 531 AI.
|Author:||Cerdic Accynnafon [ February 7th, 2017, 7:43 am ]|
|Post subject:||Re: The Land Claims Act|
Revised by the Imperial Parliament 545 AI.
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