In the 1855 Manual of Instructions, it states that the Act of Congress approved September 28, 1850, granted to the State swamp and overflowed lands "unfit for cultivation". This area is natural and not artificially made by dams for logging, milling, or other purposes. The deputy was to note these areas in the course of his survey.
Has anyone dealt with these areas where the state owned the land by virtue of this Act? In the course of some research one statement I found says that Arkansas, Alabama, Florida, Mississippi, and Missouri were the states that fall under this act even though the Manual does not specify individual states. Another article I found stated that California was included and that Oregon was included in 1860.
If anyone can help find the original verbiage of this Act and whether it only applied to certain states, I would be appreciative for the reference.
Jerry,
These links might be of help:
http://www.encyclopediaofarkansas.net/encyclopedia/entry-detail.aspx?entryID=7402
http://www.jstor.org/stable/i40001524
http://history.cosl.org/swamp.aspx
http://caselaw.findlaw.com/ar-supreme-court/1235949.html
DDSM:beer:
Per California Swamp Lands - look here
I believe you will find many articles regarding swamp lands in California - It was a very controversial issue.
Thanks for the links.
As referenced in the article below, this apparently applied to only the states admitted to the Union at the time of the passage and not those that came after.
The Nebraska and Kansas surveys were begun under the 1855 Manual, but I have never heard of swamp lands here set aside even though there had to have been land that fell under that category. These two states came to the Union after the passage of the Act. The text in the 1855 Manual must have inadvertently left that little item out.
> In the 1855 Manual of Instructions, it states that the Act of Congress approved September 28, 1850, granted to the State swamp and overflowed lands "unfit for cultivation". This area is natural and not artificially made by dams for logging, milling, or other purposes. The deputy was to note these areas in the course of his survey.
>
> Has anyone dealt with these areas where the state owned the land by virtue of this Act? In the course of some research one statement I found says that Arkansas, Alabama, Florida, Mississippi, and Missouri were the states that fall under this act even though the Manual does not specify individual states. Another article I found stated that California was included and that Oregon was included in 1860.
>
> If anyone can help find the original verbiage of this Act and whether it only applied to certain states, I would be appreciative for the reference.
Oh yes, It applies in California especially in the Central Valley, Tulare Lake area. Was involved in an action where an adjacent landowner occupied five acres of State Swampland through the judicious use of landfill activities for a major agricultural equipment and storage facility. The Survey records were very clear, but, because the landowner was a Big Kahuna, some sort of settlement was reached where his pockets were not drained. Those Central Valley landowners had (have) some major political clout concerning Swamp and Overflowed lands.
