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ALLODIAL TITLES & PATENTS...........by Ponce
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08-11-2012, 03:39 PM
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carreraboyracer
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Oct 2005
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You've got me tweaked on how I can do this up here in Canada. Thanks.
Allodial title in the United States
In the United States, "To say that land is owned 'allodially' is a fiction. For land is subject to expropriation by way of eminent domain."[1] Before 1774, all land in the American colonies could also be traced to royal grants, usually one grant creating each colony. The original grantee then sold or granted parcels of land within their grant to private citizens and other legal entities. However, when the colonies won the Revolutionary War, they did not want to retain a feudal system of land ownership. The Treaty of Paris (1783), which ended formal hostilities and recognized American independence, also had the effect of ending any residual rights held by the original grantees or the Crown. Essentially, this merely recognized that no person holding land in the new United States owed any allegiance or duty to the Crown or any English noble. There is no specific reference to allodial title in the text of the treaty. Some states created a form of allodial title while others retained the tenurial system with the state as the new ultimate landholder.
Apart from land that was formally owned at the time of the Revolutionary War, most American landholders can trace their title back to grants by the federal or state governments of land obtained by purchase (Louisiana Purchase, Florida, Alaska), treaty (the Ohio Valley, New Mexico, Arizona, and California), or annexation (Texas, Hawaii). However, in reality, previous grants prior to those territories becoming U.S. possessions were recognized. In fact, in Dartmouth College v. Woodward, the United States Supreme Court ruled a New Hampshire law that attempted to revoke the land grant to Dartmouth College from King George III was unconstitutional.
Many state constitutions (Arkansas, Wisconsin, Minnesota, New York) refer to allodial title, but only to clearly distinguish it from feudal title, which appears to be illegal throughout the United States. The conditions under which the government can compel the sale of privately owned real property for public benefit are established by eminent domain laws of either the federal or state governments, respectively. The Fifth Amendment to the United States Constitution requires just compensation for eminent domain compelled sale. The right to tax real estate is preserved in the Constitution though it is a right reserved for the states. In addition, the government powers of police power, and escheat have been retained in the American legal system.
http://english.turkcebilgi.com/Allodial+title
Much like England (where "all" land is owned by the crown), Canada is a Commonwealth country. All land is held by the Crown. Gotta fix that somehow...............
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