Is there a conflict between usufructuary rights of Indians and private property rights?
But, if Indian hunting on private lands in the ceded territories is exempt not only from state regulation but also from private action for trespass, does this not create a conflict between the treaty rights of Indians and the property rights of private owners of land in the ceded territory? The answer, simply, is, no. Title to property is always qualified to a greater or lesser extent. Relevant here are those qualifications imposed by prior owners, which constitute property rights retained by those prior owners or transferred by prior owners to others. Thus, when party a sells property to party b, use of that property is subject to deed restrictions stipulated by a, some of which may have been imposed as a result of agreements between a and some third party c, as when neighbor c pays a to impose a deed restriction prohibiting operation of a hog farm on the property of a; the deed restriction grants some part of the rights in the property to a or c, transferring only the remainder of th
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- Is there a conflict between usufructuary rights of Indians and private property rights?
