<--- those guys are kinda cute, so guess I'll use 'em too.
Just be careful not to slap yourself silly when using them. I knocked a tooth loose when I first used them.
Do you understand what the prior use "doctrine" implies?You didn't consider the prior use laws in posting this, did you?
"Prior use doctrine refers to a principle that a government agency may not appropriate property already devoted to a public use without legislative authorization. Property devoted to a public use cannot be taken and appropriated to another or different public use unless the authority to do so has been expressly given by the legislature or may be necessarily implied."
Any "Prior Use" does not apply to Bundy situation because, mainly, legislation gave the authority to the proper agencies to protect the public land.
What rightful claims? Legislation gave use to the public lands to those who properly applied for grazing rights. There are no other right claims without a deed.I explained why there is no deed prior to WWII in an earlier post, but that does not invalidate Bundy's rightful claims to the land prior to that time.
He never claimed the land. Where is his claim? The Homestead Act required a claim to be stake and registered. Where is that? After Nevada became a state, his family could have bought the land but there would have to be a deed. Without a legitimate claim the land stays in the possession of the US government. Very few people actually bought land in Nevada because it just wasn't very good land. People didn't want it. So it stayed with the US and ranchers grazed on that type of land throughout the west.Prior use entitles him to claim the land, given there was no other ownership,
The Paiutes never received any money for the land which they were removed from because the treaty was never ratified by Congress but the Paiutes were not allowed to return. They later sued the US for this in the 1950's and eventually were rewarded 27 cents an acre for the 26 million acres they had lost. Problem was that they actually received only a fraction of that.the Piute Tribe gave up its right to the land in exchange for a sizeable payment from the government at the time they signed a treaty with the U.S. They were not "forced off." They were bought out.
Chapter Four - The Paiute Tribe of Utah
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