Possessory Rights

A possessory right is like a water right. In that the state keeps ownership of waters,

yet one can obtain a water right for a certain amount of use.

A possessory right, the Federal Government retained lands for the public, or public reservations.

Yet, one may place cattle on the range

where the water is to be used

Under State Law.

A Possessory Right.

"The right didn't come from the permit, the permit came from the rights."

Joe

possessory rights have value

Tap newspaper clippings to go to full articles

Possession to stock a range

Ranchers paid taxes on possessory rightsynto the county

possessory rights are held on government land

occupation and possession, two types of possessory rights

The US Recognized Range rights

1917- "Stockmen holding grazing privileges on the national forests who enter the army or navy may have their range rights reserved during their absence,"

Full Circle

go to subject to vested rights

ranches for sale with forest range rights

Supremacy Clause

The two branches, State and Federal, shall not conflict.

Federal Law does not shield from State Law

Wyeth vs Levine, 2009

A Court Case where State Law is to be Upheld

Even if the US can exercise over public lands the power of the sovereign there are limitations; neither can be exercised to destroy essential uses of private property.

To take "away" an essential use of property is to take the property itself.

Curtin vs Benson 1911.

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