Current Books of Authority:
TEXAS VERNON STATUTES: Property 2012 (Texas Title Exam Standards.pdf)
♦ American Juris Prudence Pleadings & Practice vol. 20A Public Lands, Government Principles
♦ AMERICAN JURISPRUDENCE 2ND V. 63C HAS A PART II, SECTION 4 - which stipulate the laws that governed when the land was granted, are the laws that govern the land.♦ American Jurisprudence 2nd V. 28, but I would more of a citation ♦ Corpus Juris Secundum has a volume 73B with the topic of Public Lands and a section on Patents that covers Sections 235-261 (197-218) pages:
Neither Party can change anything on the patent/grant contract, either added or detracted, once the contract is executed. They are controlled by Legislative Acts.
CORPUS JURIS SECUNDUM 73B (2015) PUBLIC LANDS §235 GRANT AS PATENT.
A land grant is another name for a "patent" 13 the terms "grant" and "patent" being regarded as synonymous. 14
Cal. - Murphy v. Burch, 46 Cal. 157, 92 Cal. Rptr. 3d 381, 205 P. 3d 289
§237 PATENT CERTIFICATE AND OTHER INSTRUMENTS.
A patent certificate, final certificate of purchase, or receiver's final receipt in general protects the purchaser's right to an equitable and beneficial title to the land and shows, prima facie, that the purchaser is entitled to a patent. 8
8. Mo. - Hammond v. Johnston, 93 Mo 198, 6 S.W. 83 (1887), dismissed, 142 U.S. 73, 12 S. Ct. 141, 35 L. Ed. 941 (1891)
§242 EVIDENCE OF TITLE AND CONVEYANCE
A patent to United States lands is the highest evidence of title, accredited conveyance, or perfect title and carries the legal title in fee simple, divesting the government of all authority and control over the land.
A patent, once issued, is the highest evidence of title, 1 the most accredited type of conveyance, 2 and the best and only perfect title. 3 It is intended to quiet title to and secure the enjoyment of the land for the patentees and their successors. 4 A patent is a final determination of the existence of all facts necessary to entitle the patentee to the patent 5 A patent issued for land that is a part of the public domain carries the legal title 6 in fee simple 7 and divests the government of all authority and control over the land. 8 U.S. - U.S. v. Reimann, 504 F.2d 135 (10th Cir. 1974); Home on the Range v. AT&T Corp., 386 F. Supp. 2d 999 (S.D. Ind. 2005). Colo.- Ashley v. Hill, 150 Colo. 563, 375 P.2d 337 (1962). Fla. - Whaley v. Wotring, 225 So. 2d 177 (Fla. 1st DCA 1969).
United States patents or grants are to be narrowly 1 or strictly construed 2 against the grantee 3 and in favor of the sovereign. 4 In interpreting a federal land patent, the court looks to the patent's specific language, 5 and since federal land patents are effected by enactments that constitute law as well as contracts, the intent of Congress is a prominent consideration in their interpretation. 6 Nothing passes except what is conveyed in clear language, and if there are doubts, they are resolved in favor of the government; 7 nothing passes by implication under a patent. 8
§244 GOVERNING LAW BEFORE AND AFTER ISSUANCE
Property received through federal land patents is subject to state and local regulations, 1 and patents are to be given effect according to the laws and regulations under which they were issued. 2 While the question as to whether title to land has passed from the United States must be determined by federal law, 3 and the acts of Congress control the force of patents, which cannot be varied in their effect by the omission of statutory provisions or the insertion of others, 4 when the United States has not in any way provided otherwise, the ordinary incidents attaching a title traced to a patent may be determined according to local rules 5 provided such rules do not impair the efficacy of the grant or the use and enjoyment of the property. 6 In other words, after a conveyance by a federal patent, the land is, generally, thereafter subject to state law. 7
§245 PROPERTY AND RIGHTS INCLUDED
In general, the land granted must be ascertained from the description in the patent, 1 as construed in the light of the apparent intent of the government, 2 and grants only such property interests as the government, as the grantor, possesses. 3 The property explicitly conveyed in the patent is what passes under the patent, 4 and nothing passes by implication. 5 A patent without any reservations or exceptions passes to the patentee everything in anywise connected with the soil, forming any portion of its bed or fixed to its surface, to the extent that the government has ownership and power of disposal. 6 On the other hand, a patent reserving certain minerals grants all rights in the land which are not reserved. 7
Unusually, a patent conveys title to all the land within the established boundaries shown by the official map of the government survey to which the patent has reference 8 and passes title of the United States to land not only as it was at the time of the survey but also as it was at the date of the patent. Unsurveyed lands of the United States are not legally existing "public lands" for purposes of a patent and thus are not conveyed by a patent. 10
SAVINGS CLAUSE: Where a patent conveying land contains a general saving clause for valid existing rights, the patentee takes subject to those rights until they are properly adjudicated invalid and specifically cancelled. Alaska - Tetlin Native Corp. v. State, 759 P. 2d 528 (Alaska 1988).§249 DOCTRINE OF RELATION BACK
Research References - West's Key Number Digest, Public Lands 114(2)
The doctrine of relation is applicable to public land transactions under a federal patent. 1 When necessary to give effect to the intent of the statute or to cut off intervening claimants, the patent is deemed to relate back to the time of the inception of the patentee's claim to the land. 2 When the doctrine applies, the last proceeding which consummates the conveyance of the public land is held to take effect by relation back as of the day when the first proceeding was had. 3This relation back is also effective in favor of persons to whom the claimant has assigned or transferred rights in the land before the issuance of the patent. 4
In applying the doctrine of relation back, the patent has been regarded, under the particular circumstances, as relating back to the date of the initiatory act, 5 such as the date of the entry, 6 to the date of a conveyance or deed, 7 to the first qualifying act which definitively located the boundaries of the claimed land so as to legitimately bar others from entering, 8 and to the inception of the equitable right upon which title is based. 9
On the other hand, a title by relation extends no further backward than the inception of the equitable right. 10 A patent cannot cut off previously vested rights in the patented property, 11 and the doctrine of relation never carries a patent back to the date of any entry or claim other than that on which it is issued. 12
The right to claim the benefit of the doctrine of relation may be lost by a claimant's want of due diligence. 13
§250 CONCLUSIVENESS: ORDINARILY, A PATENT IS CONCLUSIVE OF THE RIGHTS OF THE PARTIES IN A COURT OF LAW.
While a patent is not subject to collateral attack,1 and certain direct remedies are applicable with respect to patents, 2 when the appropriate agency has jurisdiction to dispose of the land, a patent therefor is both the judgment and a conveyance of the legal title to the land. 3 Unless it is void on its face, 4a patent is conclusive in a court of law 5 as against the government 6 and, with limited exceptions, is unassailable and not rebuttable. 7
§251 EQUITABLE NATURE OF REMEDY; REQUIRED INTEREST -
The remedy for erroneous issuance of a patent for public lands is a direct equitable proceeding to set the patent aside or subject it to the rights of the person equitably entitled to the land.
The remedy for the wrongful and erroneous issuance of a patent for public lands is by a direct equitable proceeding to set the patent aside of subject it to the rights of the person equitable entitled to the land. 1
A patent conveying land that was a part of the public domain cannot be attacked or impeached by a person having no interest in the land. 2 The mere fact that the patentee was not entitled to the patent does not entitle an adverse claimant successfully to attack a patent unless claimant shows that the claimant was entitled to receive a patent.3 Judicial relief is not available to a private person who fails to exhaust the available administrative remedies. 4§261 QUIETING TITLE - IN A PROPER CASE, EITHER A CLAIMANT OR A PATENTEE MAY SUE TO QUIET TITLE, INCLUDING CASES IN WHICH THE UNITED STATES CLAIMS AN INTEREST IN THE PROPERTY.
The Quiet Title Act may apply to an action to adjudicate a disputed title to real property in which the United States claims an interest, 1 including actions predicated on United States land patents, 2 subject to an exception retaining United States sovereign immunity for actions pertaining to Indian Lands. 3 Under the Act, a plaintiff challenging the validity of government patents to a third party must first establish that the plaintiff is entitled to the disputed lands. 4
A person may be entitled to relief in the form of quieting title to land, as against the patentee, and enjoining the patentee from asserting title. 5 Likewise, in a proper case, the patentee may bring an action to quiet the patentee's title.6
The right to maintain a suit to quiet title to lands held or claimed under patent from the government may be barred by limitations 7 or laches.8 Limitation may not apply to a quiet title action under state law even though the action involves a federal patent. 9♦ PLEADING AND PRACTICE FORMS HAS A SECTION ON PUBLIC LANDS IN V. 20B, but there is no reference in the section on Government Principles. This source is generally used to create pleadings for law suits. ♦ TITLE 29, FEDERAL PRACTICE & PROCEDURES, LAWYER'S EDITION, SECTION B, 66: 507 REQUIREMENT OF PREVITY
Includes a topic on Public Lands and Property, there's a section on actions attacking the validity of land patents; section 66:470 is “Requirement of privity". This can pertains to Zoning and Planning, as well as other Municipal Ordinances and Required Compelled Actions by You. American Jurisprudence Pleading and Practice Forms has a section on Public Lands. This source is generally used to train Lawyers to create pleadings for law suits.
§ REQUIREMENT OF PRIVITY 66: 470
§ PRESUMPTION OF VALIDITY
♦ AMERICAN JURISPRUDENCE LEGAL FORMS SECTION 222 Summary Land Registration
♦ AMERICAN JURISPRUDENCE LEGAL FORMS SECTION 222.10 Withdraw Title of Registered Lands from Registration
♦ CORPUS JURIS SECUNDUM: on the Term: "Domicile"
♦ RELATION BACK THEORY, both Texas and U.S. :
♦ TEXAS JURISPRUDENCE, 3RD: Treatment of "relation back" doctrine
♦ AMERICAN JURISPRUDENCE, 2ND ED. Index entry for the term "Relation Back".
As you can see it is used in many different contexts and is not covered in one topic entry.
♦ "RELATION BACK" IN WORDS AND PHRASES. This source lists state and federal cases that "define" legal terms.♦ http://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=1444&context=californialawreview
♦ Excerpt by permission of Author Daniel Schinzing for "The State of Texas is a Liar"
♦ Historical Highlights of Public Land Management 1962 BLM Book
♦ Great Link for all BLM Publications Library of Congress: Federal Library and Information Network (FEDLINK) featuring BLM's Public Land Documents (745 selections)
♦ You will find the Department of Interiors Solicitor General Decisions here ... starting with the first being in July of 1881- June of 1883 and going through No. 101: January 1994 to December 1994.
♦ You will find the Federal Register Volumes 1 - 58 (1936 - 1993) archives available here for download.
♦ You will find the more recent volumes, since 1950, at the Government Printing Office web site here:
♦ Congressional Record October 23, 2000, concerning the concerns the
Guadalupe-Hidalgo Treaty and the Mexican War of 1845–46.
Utah Territory has been a portion of the Mexican cession resulting from the Mexican War of 1845–46. U.S.
Brigadier General of the Army of the West, Stephen Watts Kearney, instituted an interim rule, commonly referred to as
‘‘Kearney’s Code,’’ over the ceded area pending formal treaty arrangement between the U.S. and Mexico. The Mexican
cession was formalized two years later with the Treaty of Guadalupe Hidalgo, February 2, 1848.
Statutes / Codes / Regulations
Word Definitions in Law
Chapter on Property Tax
Forever!Genesis 13:15 (NASB)
for all the land which you see, I will give it to you and to your descendants forever. Exodus 32:13
"Remember Abraham, Isaac, and Israel, Your servants to whom You swore by Yourself, and said to them, 'I will multiply your descendants as the stars of the heavens, and all this land of which I have spoken I will give to your descendants, and they shall inherit it forever.'" Joshua 14:9
"So Moses swore on that day, saying, 'Surely the land on which your foot has trodden will be an inheritance to you and to your children forever, because you have followed the LORD my God fully.' 1 Chronicles 28:8
"So now, in the sight of all Israel, the assembly of the LORD, and in the hearing of our God, observe and seek after all the commandments of the LORD your God so that you may possess the good land and bequeath it to your sons after you forever. 2 Chronicles 20:7
"Did You not, O our God, drive out the inhabitants of this land before Your people Israel and give it to the descendants of Abraham Your friend forever? Ezra 9:12
'So now do not give your daughters to their sons nor take their daughters to your sons, and never seek their peace or their prosperity, that you may be strong and eat the good things of the land and leave it as an inheritance to your sons forever.' Psalm 37:29
The righteous will inherit the land And dwell in it forever. Isaiah 60:21
"Then all your people will be righteous; They will possess the land forever, The branch of My planting, The work of My hands, That I may be glorified. Jeremiah 7:7
then I will let you dwell in this place, in the land that I gave to your fathers forever and ever. Jeremiah 25:5
saying, 'Turn now everyone from his evil way and from the evil of your deeds, and dwell on the land which the LORD has given to you and your forefathers forever and ever; Ezekiel 37:25
"They will live on the land that I gave to Jacob My servant, in which your fathers lived; and they will live on it, they, and their sons and their sons' sons, forever; and David My servant will be their prince forever.