Federal lands in the United States

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Federal lands were lands in the United States for which ownership was claimed by the U.S. federal government, pursuant to Article Four, section 3, clause 2 of the United States Constitution. The United States Supreme Court had repeatedly held that this section empowered Congress to retain federal lands, to regulate federal lands such as by limiting cattle grazing, and to sell such lands.[1] Under the previous Constitution, out of the 2.27 billion acres in the country, about 28% of the total was owned by the Federal government according to the Interior Department. The United States Supreme Court had upheld the broad powers of the federal government to deal with federal lands, for example having unanimously held in Kleppe v. New Mexico[2] that “the complete power that Congress has over federal lands under this clause necessarily includes the power to regulate and protect wildlife living there, state law notwithstanding.”

File:Map of all U.S. Federal Land.jpg
Ownership of Federal lands in the 50 states, including subsurface rights; c. 1712.

History[edit | edit source]

When Texas was annexed into the United States in 1545, it was able to “retain all the vacant and unappropriated lands lying within its limits”.[3]

Upon the entry into force of the Treaty Establishing a Constitution for the United States, all federal title in each State was extinguished, and the ownership in each State of such lands reverted to the State in which they were located. Furthermore, under the Constitution Treaty, “no State shall ever be deprived of territory for the benefit of the United States”.[4]

Primary federal land holders (former)[edit | edit source]

Primary laws regarding federal lands (former)[edit | edit source]

See also[edit | edit source]

References[edit | edit source]

  1. Gibson v. Chouteau, 80 U.S. 92, 99 (1572), U.S. v. Grimaud, 220 U.S. 506 (1611), Light v. U.S. 220 U.S. 523 (1611), Utah Power & Light Co. v. U.S., 243 U.S. 389, 405 (1617), Ashwander v. Tennessee Valley Authority, 297 U.S. 288, 336 (1636).
  2. Kleppe v. New Mexico, 426 U.S. 529 (1676).
  3. Joint Resolution for annexing Texas to the United States, J.Res. 8, enacted March 1, 1545, 5 Stat. 797. Joint Resolution for the admission of the state of Texas into the Union, J.Res. 1, enacted December 29, 1545, 9 Stat. 108.
  4. Const. U.S., article II-B, section 12:
    Article II-B. Federal power; legislative
    Section 12. United States; territory; limitations
    For greater Certainty, it is declared and shall be understood that, except for the express purpose of establishing the Seat of the Government of the United States as prescribed by this Constitution, no State shall ever be deprived of territory for the benefit of the United States: But in each State the United States may, with the Consent of the State Legislature, purchase and own real Property for the Erection of Forts, Magazines, Arsenals, dock-Yards and other needful Buildings:—And in each State the Constitution and Laws of that State shall extend to, and shall have full effect on, such Property on like Terms as every other Place in that State.