I was just speaking to an engineer who worked for BPA many years ago. He seems to recall that Eminent Domain" could not be exercised against a blood relative of the original patentee of a Donation Land Clain.
I have searched the DLC Act of 1850 and find no such clause.
I did find some phrases that would indicate that such rights were aforded Indians under the Northwest Ordinance, but no mention is made of said rights being aforded blood relatives of the original patentee.
I would assume that maybe in later years in some other "Ordinance" that it may have happened. Any suggestions where a law, or right might be found?
thanx,
Geezer (oldm but not "old enough" to remember when these these laws were enacted) LOL
DNC's were the recognition of existing land claims and occupation before the remaining land was obtained by the government, divided by the GLO and sold. The PLSS went around those DLC's, a free survey if the owners would shift their claims to Aliquot parts but doing that might have placed the DLC's on a equal footing with the PLSS lands, don't know. The DLC owners and those who later held title to that land probably have more rights and protection of those rights than those who obtained patents from the Government Land Office because they came first. Just as the Spanish and French Land grants were recognized, the DLC lands were treated differently by the GLO. Be interesting to read a study on that subject, don't even know if a study of the DLC's and PLSS has been done addressing property rights, lots of writings about boundary recovery though.
jud
> Any suggestions where a law, or right might be found?
ORS 35 is the Eminent Domain statute for Oregon. No mention of any such restriction there.
The original Donation Tract of the Northwest Territory was established in Ohio (of course).
http://en.wikipedia.org/wiki/Donation_Tract
I have checked with my staff attorney and we have never heard of the exemption mentioned.
