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 Posted: Thu Feb 14th, 2013 12:48 pm
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Joe Kelley

 

Joined: Mon Nov 21st, 2005
Location: California USA
Posts: 6399
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Complete Abstract------------------San Bernardino County

California Enabling Act--------------San Bern Law Library 
Clay Clay Omnibus Bill? Act of Congress (9 Stat. 452)
The 31st state.
Local County Law Library Statute Books Generally in the first or second book may be the Enabling Act. Statutory Record?

California Constitution of 1849-------------------



San Bernardino California State Main Law Library
402 North "D" Street
San Bernardino, CA  92401

Phone: 909-885-3020

Hours:
Monday - Thursday 8:30 A.M. to 7:00 P.M.
Friday 8:30 A.M. to 5:00 P.M.
Saturday 9:00 A.M. to 3:00 P.M.

Victorville High Desert Branch:

Property Rights Lecture

Yale Document Library



Wheaton's International Law, London, Stevens and Son's Limited 
Library of Congress JX2495E3 call #

"Private Rights are Unaffected by Conquest"

Woodworth versus Fulton Cal.295 1850

American Jurisprudence second edition volume

Relation Back Theory
The laws applicable to the existing property revert back to the laws there were applicable at the time of the conveyance of the original title (Chain of Title?)

Listen in Lesson 4

BLM

Where is Register of Deeds Office?

Sporting goods place - Topo Maps - USGF Quandrangle - Township/Ranges

Master Title Plats - Maps? Look for Patent numbers for Township?

Find surveys, surveyor field notes, important.

Commentaries on Modern Law of Real Property

What are your rights according to the dominant law?

It has been repeatedly held that... Patents
Cragin versus Powell 128US691 Supreme Court Case
Gragin v Powell

Lakes existing at time of patent, in surveyor notes, determine control or law in force?

American Jurisprudence Legal Encyclopedia Volume 20

Patents under General law is highest, Congressional Grants, as law equivalent to Patent = Federal

State patents can be gained with poof of purchase? 

United States versus Gardner 903 F.Supp. 1394

US vs Gardner

Equal Footing Doctrine

Find the Act of Congress (enabling act) admitting California into the United States.

California = Public Land State

New Jersey = not public land state

Equal Footing Doctrine

Article 4 Section 3 US Constitution (Federal versus State POWER)
Kleppe versus New Mexico 426 US529 1976

Relation Back Theory (Land Rights determined by the laws in force at the time of the Patent Issue = original owner)

No zoning POWER other than laws in force at the time of Grand or Patent.

Zoning: look up

Permanent Edition Words and Phrases

United States Code Annotated

At Lesson 5

Equal Footing Doctrine (United States versus Gardner)
Each State entering the union with different sizes of land get equal POWER as SUBJECTS to Federal Government?

Relation Back
What was good then is good now. Original Title is the law applied at the time of the conveyance of title originally = Land Patents = Federal Government (the original constitution not current corporate take over constitution?)

Federal Government creates States, "gives" land to States to defray costs of Public Schools?

California Enabling Act? Public Land State

What the State can and cannot do, such as the power to tax land.

Local County Law Library Statue Books Generally in the first or second book may be the Enabling Act.

No title interest or control held by State for any land still in Public Domain (not given to the State in the Enabling Act.)

Klepp versus New Mexico Case site 426 US 529, June 17 1976
Explaining Congress power over Public Domain Land

Act of Congress
Title 43 United States Code Service
Section 1421, 22, 23, 24
Public Law 88-60 
Passed into effect September, 19 1964
Sale of Public Lands giving Power to create Zoning Laws to local governments
Expired June, 30 1969

Van Brocklin versus Anderson
US Supreme Court case March 7 1886
State Sovereignty (does not exist?)

McCullough versus Maryland
Case site 17 US 316

Euclid versus Ambler Realty Comp
Case site 272 US 303  

Digest of United States Supreme Court Reports
Volume 12A States, Territories, and Possessions
Sovereignty and Jurisdiction between States and Federal Government on Land. 

History of Public Land Law Development
Book for Public Law States (California)

Lesson 6

Desert Land Act. (Congress = owner of land = enforcer of land laws)
March 3 1877 (does not apply to titles conveyed previous to this date)

California

Land out of Public Domain in Private ownership (so called) and water

California Oregon Power Company versus Beaver Portland Cement Company
US Supreme Court Case
Case site 295 US 142

Land is separate from water ownership.

Nothing said in the act attaching State ownership to wells - only standing water.

Congress
Swamp Land Act
September 28 1850
Fed granting Swamps to States (can fill in swamps, "wet lands", under this act)

Congress Act
Irrigation ditches and canals
1887

Educational Committee?
Educational Society?
e-mail and ask for directions on how to do a title search = complete abstract.

 
Lesson 7

Act of Congress Missouri Tax
June 10th 1852

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Disputes between States on boarders

28 U.S.C. Section 1251A

Mississippi versus Louisiana
506 U.S. 73
1992

Supreme Court settles disputes between States even between Public Land States

Aladdin Petroleum Corp. versus State Commissioners Land Office Oklahoma
Case Site 191P2D224
1948

Irvine versus Marshall
Case Site 15L.ed994 20How994

Federal POWER takes POWER over State POWER over Land.

United State versus Holt Bank
40L.ed,465

Creations of States do not take away previous title according to Federal POWER

klais versus Danowski 
Michigan Supreme Court Case
Case site 373 Michigan reports 262
1964

United States versus Cliff Gardner
Nevada
903 F supp
1995

Equal Footing Doctrine

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Covering Fed/State Power

Digest of U.S. Supreme Court Reports (Lawyers Edition)
Volume 12A
State Territories and Possessions
Section B Lands and Seeded Places within States

Public Count Law Library

Digest of U.S. Supreme Court Reports 
Volume 11A
Public Lands
Patents Grants Donations Rail Road Lands Military

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