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PostPosted: December 9th, 2016, 1:38 pm 
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King

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It has been brought to my attention that the newly-modernized Land Claims Act, an umbrella Codex Act that includes all legislation concerning the land claims process, does not include protocol for the creation of an independent holding and the first claim. The law on the books regarding this was one of the first laws passed on the new forums, and is accessible here: viewtopic.php?f=64&t=155

In order to make this law more readable, reconcile it with the changes that have taken place since it was passed, and fit it into the current Land Claims legislation, I would like to propose a rewritten version that will slot into the current Land Claims Act. The proposed addition is shown in red.

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The Land Claims Act:
Process For Claiming Land In Hermertia


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 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.

Where the creation of an independant 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 independant 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.


Process for Making a Land Claim As An Expansion Of Current Lands

The highest legal authority of a realm recognised under the Council of the Crowned may at any time submit a claim for the addition of lands, currently recognised 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 Or Proposal For An Independant Holding

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 overextension 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.

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.

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PostPosted: December 9th, 2016, 3:41 pm 
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King

Joined: May 30th, 2015, 10:17 am
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Would you need to specify that a person should not be allowed to claim an independent claim if they already have one? Should it state that only counts or Dukes who are currently under a liege already May claim a new independent land?

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PostPosted: December 9th, 2016, 3:44 pm 
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Joined: April 28th, 2016, 6:15 pm
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Samyrrah Almandine wrote:
Would you need to specify that a person should not be allowed to claim an independent claim if they already have one? Should it state that only counts or Dukes who are currently under a liege already May claim a new independent land?


What if someone wanted to make another realm? I don't know why we'd discourage that, unless they ... well I don't know, but it's an interesting discussion for sure!

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PostPosted: December 9th, 2016, 4:52 pm 
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Duke

Joined: August 9th, 2015, 12:19 am
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What would be the point of claiming a new realm if the claimant already presided over an existing realm? If anything it would likely just cause confusion

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PostPosted: December 9th, 2016, 5:24 pm 
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King

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It would allow the claiming of any land around the Empire which would lead to map carnage and confusion and lack of connectedness

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PostPosted: December 9th, 2016, 7:27 pm 
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King

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I don't think we should stifle the organic nature of these things, to be honest. We can't know what future political innovations or ideas may occur, and we may as well not preemptively take away options, however unwise/unlikely/untenebale they may seem to us at the time.

Say, for example, a future Duke has built up a decent duchy as his independant holding. He has a hardworking Count under him, and he decides that he would like move on to somewhere else in the map while letting his Count continue to manage things in his duchy and eventually become a Duke himself. So the Duke claims a new independant holding to start afresh somewhere else on the map, and leaves behind his old holding. Sure, it might not be very likely currently, but it's not inconceivable.

My point being, let's leave open these kinds of options!

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PostPosted: December 9th, 2016, 7:45 pm 
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Duke

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That's a fair point Nicholas. I have heard several of us ponder at various points: 'if I could start again I'd do it differently....'.

Perhaps best to leave that possibility alone until it becomes an issue

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PostPosted: December 9th, 2016, 7:54 pm 
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King

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Good point Nicholas, that was an outcome I had not quite thought of. Excellent point!

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PostPosted: December 9th, 2016, 8:17 pm 
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Ok, I was up for like 22 hours when I wrote that earlier. Here's my more thought out response:

What if someone wanted to create a NPC realm somewhere? I've thought of doing that myself, and I don't think that should be restricted, following other land claim guidelines of course.

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PostPosted: December 9th, 2016, 8:46 pm 
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Duke

Joined: July 7th, 2015, 9:01 pm
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So long as the person creating the NPC realm has shown they are able to write coherent and consistent lore and this new NPC realm will only further that lore, then I'd be fine with it.

I also agree with Nicholas' point with keeping this organic.

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