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Full-Text Articles in Law

1976 - Mexican-American Land Tenure Conflict In California, David Hornbeck Apr 2018

1976 - Mexican-American Land Tenure Conflict In California, David Hornbeck

Overview of California Private Land Claims and the Public Domain

This paper examines the merging of the Mexican and American land tenure systems and how the two very different concepts of land acquisition, organization and maintenance clashed resulting in a distinctive settlement pattern not usually associated with Anglo settlement. The Mexican landscape, organized according to centuries of Spanish tradition, was the antithesis of the type established by the westward moving American pioneer. Spatial differences were many, particularly in the areas of agriculture, settlement, transportation, space economy and land tenure.


1976 - Mexican-American Land Tenure Conflict In California, David Hornbeck Apr 2018

1976 - Mexican-American Land Tenure Conflict In California, David Hornbeck

Miscellaneous Documents and Reports

This paper examines the merging of the Mexican and American land tenure systems and how the two very different concepts of land acquisition, organization and maintenance clashed resulting in a distinctive settlement pattern not usually associated with Anglo settlement. The Mexican landscape, organized according to centuries of Spanish tradition, was the antithesis of the type established by the westward moving American pioneer. Spatial differences were many, particularly in the areas of agriculture, settlement, transportation, space economy and land tenure.


1979 - The Patenting Of California's Private Land Claims, 1851-1885, David Hornbeck Mar 2018

1979 - The Patenting Of California's Private Land Claims, 1851-1885, David Hornbeck

Overview of California Private Land Claims and the Public Domain

This paper examines the basis of the land-tenure conflict, its resolution, and the subsequent patenting of 482 private land claims that covered a total of 8.5 million acres of land in California. The problem of distinguishing between Mexican land grants and the American public domain was not one that time would easily resolve.


1880, The Existing Laws Of The United States Relating To The Survey And Disposition Of The Public Domain Jun 2016

1880, The Existing Laws Of The United States Relating To The Survey And Disposition Of The Public Domain

US Government Legislation and Statutes

This December 1, 1880, publication sets forth each general subject of legislation in separate chapters with complete references given to the antecedent legislation upon the same subject. Each chapter contains copious citations of all decisions regarding decisions by the Federal courts, the supreme courts of several public-land States and Territories, the Department of Justice, the Secretary of Interior ,and the Commissioner of the General Land Office.


1880, The Public Domain, Its History With Statistics Jun 2016

1880, The Public Domain, Its History With Statistics

US Government Legislation and Statutes

Prepared by Thomas Donaldson, member of the Public Land Commission's Committee on Codification, this publication containing 33 chapters, gives the origin, growth and disposition of the lands in the public domain, tracing several systems from their origin, and providing full statistics of operations under and the results of several acts for the sale and disposition of public lands up to June 30, 1880.


Constitutional Limitations On Sovereignty, 2014 Edition, Garrett Power Jun 2014

Constitutional Limitations On Sovereignty, 2014 Edition, Garrett Power

Book Gallery

This is an “open content” casebook intended for classroom use in courses in Constitutional Law, Land Use Control, and Environmental Law. It consists of 130 odd judicial opinions (most rendered by the U.S. Supreme Court) carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. The text considers both the personal right to liberty and the personal right in property.

The readings provide an historical context, and an up-to-date focus on many of the constitutional issues facing today’s Supreme Court: imperium versus dominium; the public trust, inverse condemnation, the …


Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions, 2013 Edition, Garrett Power Jan 2013

Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions, 2013 Edition, Garrett Power

Book Gallery

This electronic book is published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland Francis King Carey School of Law. It is an “open content” casebook intended for classroom use in courses in Constitutional Law, Land Use Control, and Environmental Law and. It consists of 130 odd judicial opinions (most rendered by the U.S. Supreme Court) carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. The text considers both the personal right to liberty and the personal right in property. …


President Hayes's Executive Order, 1880 (Kappler), Charles J. Kappler, Rutherford B. Hayes Jan 1904

President Hayes's Executive Order, 1880 (Kappler), Charles J. Kappler, Rutherford B. Hayes

US Government Documents related to Indigenous Nations

This 1904 reprint of President Rutherford B. Hayes’s 1880 Executive Order was transcribed and published in vol. I of Charles Kappler’s Indian Affairs. Laws and Treaties. Originally issued on July 13, 1880, President Hayes’s Executive Order significantly reduced the size of the Fort Berthold Reservation. Created at the behest of the Northern Pacific Railroad, this executive order resulted in a considerable loss of Mandan, Hidatsa, and Arikara homelands, hunting grounds, and sacred sites.


President Harrison's Executive Order, 1892 (Kappler), Charles J. Kappler, Benjamin Harrison Jan 1904

President Harrison's Executive Order, 1892 (Kappler), Charles J. Kappler, Benjamin Harrison

US Government Documents related to Indigenous Nations

This 1904 reprint of President Benjamin Harrison’s 1892 Executive Order was transcribed and published in vol. I of Charles Kappler’s Indian Affairs. Laws and Treaties. Signed on June 17, 1892, this executive order increased the size of the Fort Berthold Indian Reservation by withdrawing a portion of Township 147 from sale or settlement.


Executive Order Of 1870 (Kappler), Charles J. Kappler, Ulysses S. Grant, Samuel A. Wainwright, Ely S. Parker, Jacob D. Cox Jan 1904

Executive Order Of 1870 (Kappler), Charles J. Kappler, Ulysses S. Grant, Samuel A. Wainwright, Ely S. Parker, Jacob D. Cox

US Government Documents related to Indigenous Nations

This 1904 reprint of President Ulysses S. Grant’s 1870 Executive Order was transcribed and published in vol. I of Charles Kappler’s Indian Affairs. Laws and Treaties. In addition to Grant’s executive order setting apart a reservation for the Arikara, Gros Ventre (Hidatsa), and Mandan, this document includes Captain Wainwright’s Proposal recommending a reservation for the three tribes, E.S. Parker’s Response, and J.D. Cox’s forward to the president.


President Hayes's Executive Order, 1880, Rutherford B. Hayes Jul 1880

President Hayes's Executive Order, 1880, Rutherford B. Hayes

US Government Documents related to Indigenous Nations

This Executive Order, issued by President Rutherford B. Hayes on July 13, 1880, significantly reduced the size of the Fort Berthold Reservation. Created at the behest of the Northern Pacific Railroad, this executive order resulted in a critical loss of Mandan, Hidatsa, and Arikara homelands, hunting grounds, and sacred sites.