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Thursday, April 17, 2014
J. Barkley Rosser — Who Owns Unowned Land?
Why Cliven Bundy doesn't have a legal leg to stand on. Also a interesting look at property rights.
Nevada might have Spanish and Mexican land grants as well. Some of the states have squatters rights for people who produce real goods and pay taxes. The accession agreements to the United States of America usually outlined how legal and property rights would transition. A federal agency that tried to adopt a rule conflicting federal law in the treaty/accession agreement would not be an enforceable rule unless congress enacted it as part of a law.
I'm familiar with Texas, not Nevada, I don't know the details in this case of Bundy vs BLM.
Texas has had 6 sovereigns through the years, while most local governments have been continuously operating through it all and have pretty good continuity of records. Nevada, maybe not so much.
Nevada might have Spanish and Mexican land grants as well. Some of the states have squatters rights for people who produce real goods and pay taxes. The accession agreements to the United States of America usually outlined how legal and property rights would transition. A federal agency that tried to adopt a rule conflicting federal law in the treaty/accession agreement would not be an enforceable rule unless congress enacted it as part of a law.
ReplyDeleteI'm familiar with Texas, not Nevada, I don't know the details in this case of Bundy vs BLM.
Texas has had 6 sovereigns through the years, while most local governments have been continuously operating through it all and have pretty good continuity of records. Nevada, maybe not so much.
Well, Bundy has lost in court challenges, so it would seem that his argument doesn't stand.
ReplyDelete