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Assessing Compensation for Native Title: A Valuation Perspective

Author/s: John Sheehajs

Date Published: 1/01/2000

Published in: Volume 6 - 2000 Issue 1 (pages 43 - 56)

Abstract

This paper draws partly upon a presentation by the author at the 1999 Aboriginal Land Tenure Summer School, University of Adelaide on 18lh February, 1999, and upon research undertaken for the Professional Certificate in Native Title and the Anthropology of Aboriginal Land Tenure, awarded by the Department of Anthropology, University of Adelaide. The paper extends the author’s earlier work published in two Review papers on aspects of the highly topical subject of native title. In this article, indigenous values and anglo-Australian are contrasted, which – in turn – lead to discussion on the vexed issue of just how losses arising from extinguishment or impairment of native title might be assessed. He highlights the need for an accommodation between post-contact land law and the indigenous legal system if indigenous people are to receive “just terms”.

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References

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