A thought experiment, just for fun:
A long time ago, in a land far away, there once was a wild land, a land full of primitive civilizations. One such civilization, the Xariph, was expansionist and aimed to enslave all of the other lands. Another, the Suhn, were peaceful, and were more interested in building wealth and culture rather than enslaving others.
Soon enough, the Xariph arrived at the Suhn’s doorsteps. The Xariph outnumbered the Sunhs 3 to 1, but the Sunhs knew their own land like the back of their hand, and they put up a heroic defense at Sharinth’s Pass like no others before them. They were able to successfully hold off the Xariph for weeks, until they were able to organize a cooperative defence and drive off the invaders. The Xariph civlization eventually collapsed from within, and the Sunhs were left alone for a while. Ever since the great battle, the battlefields were known and worshipped as holy grounds, never to be developed or inhabited by others, but to be fiercely defended if encroached. Temples are placed around the boundaries of the site.
Hundreds of years later, the Sunhs are still continuing on as they always have, but a series of natural disasters and climate changes had greatly impacted their civilization, preventing them from advancing as much as other civilizations around the world. Nevertheless, they still remembered the legend of Sharinth’s Pass, and they still worshipped the area as holy grounds.
One day, a much more technologically advanced society sails from a foreign land and lands near Sharinth’s Pass, and finds the virgin lands there undeveloped. They notice significant iron deposits around the land, a metal for which the Sunhs have little use for, and start homesteading mines and digging into the ground. They see the ruins of temples here and there, but ignore them.
It isn’t long before the Sunhs notice, and they are enraged at this encroachment by outsiders. A warband travels to meet with the outsiders. The two parties get close to each other, one armed with spears and bows, the other armed with cannons and rifles. The Sunhs believe they are defending their ancestral holy land, whereas the miners believe they are defending their rightfully homesteaded lands. Tensions get out of hand, and the miners open fire. The Sunhs put up a brave fight, but are eventually slaughtered to the last man.
Time passes by, and the invading civilization gradually displaces and integrates the Sunhs, forcing them onto “reserve” territory so that the rest can be settled. At some point, there is a civil war, and a panarchic society emerges from the ashes.
It is now 75 years later, and the descendants of the Sunhs come to you, chief justice of your private law company with their case, seeking redress. The ancient lands have been covered by foundries and mines. What would you look at in this case, and how would you find the defendants, all of the current property holders in Sharinth’s pass? Assume nothing about your ability to actually enforce judgment; I simply want you to act as judge, following your own theory of rights and ethics. If you do not see a way to resolve the case, that’s ok, too. This is just a thought experiment, and no answer is right or wrong 