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| Moderated by: Joe Kelley |
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| Land Rights | Rate Topic |
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| Posted: Thu Feb 14th, 2013 12:48 pm |
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1st Post |
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Joe Kelley Administrator
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NEEDED--------------------------------Source 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 ------------- 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 --------------- 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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| Posted: Wed Mar 6th, 2013 03:24 pm |
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2nd Post |
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Joe Kelley Administrator
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What is the Clay Omnibus Bill? Chapter 1 Chapter II
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| Posted: Wed Mar 6th, 2013 04:04 pm |
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3rd Post |
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Joe Kelley Administrator
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January 29, 1850 Clay's Last Compromise ____________________________________________ For six long months, Clay led the contentious debate. Mississippi Senator Henry Foote suggested combining the resolutions into a single bill, which Clay referred to as a “sort of omnibus” into which Foote introduced “all sorts of things and every kind of passenger.” The idea took hold, and Clay endorsed the Senate’s first “omnibus bill.” He proclaimed it to be “neither southern nor northern. It is equal; it is fair; it is a compromise.” On July 22, Clay delivered his last major speech in the Senate, calling for passage of the omnibus bill. If passed, the North would gain California as a free state and an end to the slave trade in Washington, DC, while the South would get a stronger fugitive slave law and the possibility of western slavery through popular sovereignty. This compromise, Clay insisted, represented the “reunion of [the] Union.” ______________________________________________ Makes slaves of us all? I think I need to go to the Law Library and find the actual "official" Enabling Act, and ask for (pay for) copies. Compromise of 1850 Transcribed GOT IT An Act for the admission of the State of California into the Union. Whereas the people of California have presented a constitution and asked admission into the Union, which constitution was submitted to Congress by the President of the United States, by message dated February thirteenth, eighteen hundred and fifty, and which, on doe examination, is found to be republican in its form of government: Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the State of California shall be one, and is hereby declared to be one, of the United States of America, and admitted into the Union on an equal footing with the original States in all respects whatever. SEC. 2. And be it further enacted, That, until the representatives in Congress shall be apportioned according to an actual enumeration of the inhabitants of the United States, the State of California shall be entitled to two representatives in Congress. SEC. 3. And be it further enacted, That the said State of California is admitted into the Union upon the express condition that the people of said State, through their legislature or otherwise, shall never inter- fere with the primary disposal of the public lands within its limits, and shall pass no law and do no act whereby the title of the United States to, and right to dispose of, the same shall be impaired or questioned ; and that they shall never lay any tax or assessment of any description whatsoever upon the public domain of the United States, and in no case shall non-resident proprietors, who are citizens of the United States, be taxed higher than residents; and that all the navigable waters within the said State shall be common highways, and forever free, as well to the inhabitants of said State as to the citizens of the United States, without any tax, impost, or duty therefor: Provided, That nothing herein contained shall be construed as recognizing or rejecting the propositions tendered by the people of California as articles of compact in the ordinance adopted by the convention which formed the constitution of that State. APPROVED, September 9, 1850. SEC. 3. And be it further enacted, That the said State of California is admitted into the Union upon the express condition that the people of said State, through their legislature or otherwise, shall never inter- fere with the primary disposal of the public lands within its limits, and shall pass no law and do no act whereby the title of the United States to, and right to dispose of, the same shall be impaired or questioned ; and that they shall never lay any tax or assessment of any description whatsoever upon the public domain of the United States, and in no case shall non-resident proprietors, who are citizens of the United States, be taxed higher than residents; and that all the navigable waters within the said State shall be common highways, and forever free, as well to the inhabitants of said State as to the citizens of the United States, without any tax, impost, or duty therefor: Provided, That nothing herein contained shall be construed as recognizing or rejecting the propositions tendered by the people of California as articles of compact in the ordinance adopted by the convention which formed the constitution of that State.
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| Posted: Wed Mar 6th, 2013 04:26 pm |
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4th Post |
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Joe Kelley Administrator
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A Declaration of Rights, not unlike the Federal Bill of Rights, is set forth in the State Constitution, in which the principle embodied in the Constitution of 1849 is reaffirmed: “All political power is inherent in the people. Government is instituted for their protection, security, and benefit, and they have the right to alter or reform it when the public good may require.” 19 California’s historical position with regard to the federal government is stated as follows: “The State of California is an inseparable part of the United States of America, and the United States Constitution is the supreme law of the land.” 20 That from: Chapter II
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| Power Independence > Liberty Day Challenge 2013 > Liberty Day Challenge 2013 > Land Rights | Top |
