Land Patent Laws
The historical laws that land patents makes you King of your Castle.
In the beginning when the United States obtained land, they made Treaties. Congress then made ACTS as to how the land that was given to the States and how the land was to be used, for schools and for government sites etc. For most States, except Texas and the original 13 colonies (you may have State patents) were not given PUBLIC LAND. Public land was Federal and the United States gave this land to the settlers via Federal Land Patents. The rules and regulations for the Congressional Acts are in Title 48 PUBLIC LANDS
To sum this up:
There is a State Treaty. Congress made an Act via the Constitution Article IV, section 3, Clause 2. Which flows into the Supremacy Clause, Article VI, Clause 2. This Clause protects the land patent. Title 48 section 146 - Patents for purchasers to be withdrawn. That means those with patents are no longer in the Public Land Domain. It is thereby PRIVATE PROPERTY.
I found this in the blm mining claim blm pdf. Page 26
“When the Federal government conveys title to land the land is private.”
I have a mining claim land patent and a homestead land patent. The language written in both land patent contracts are the same as far as your rights; TO HEIRS AND ASSIGNS FOREVER, TO HAVE AND TO HOLD.
In 2007 Congress paid for research on this subject. CRS REPORT FOR CONGRESS December 3, 2007. RL34267.pdf This verifies the Constitution on public/private land.
Therefore the land patent makes land private and the government has no jurisdiction, Federal, State or Local.
Any Questions? ibnxtc@yahoo.com
I live in the east. Massachusetts. I own enough land to zone a legal building lot when and if town sewer gets a grant to complete phase three of the project. Part of my land was already was already taken by eminent domain resulting in leaving the remainder just under the square footage requirement to zone a legal lot. My question is, should I or can I get a copy of my land patent in order to protect from any possible shenanigans the local, state and federal government may decide to pull when the time comes to zone out a lot and either use it or sell it.
Thank you for all your hard work around the hidden knowledge of LP’s. Fighting the good and necessary fight in CA. The last significant LP supreme court case, Summa Corp, originated in California, and it’s ripe to be addressed again for private landowners.
Can you link the docs you reference?