Public lands and the Supreme Court
Public lands in the United States refer to land owned and managed by the federal government, which plays a significant role in the nation's history and governance. Following the American Revolution, the U.S. acquired vast territories through treaties and legislative actions, initially focusing on transferring these lands into private ownership. However, the approach shifted in the twentieth century to prioritize the public interest, leading to the retention of these lands as public property.
The Supreme Court has played a critical role in adjudicating disputes related to public lands, establishing its authority in cases that involve constitutional rights and state versus federal powers. Notable cases include Fletcher v. Peck, which affirmed the Court's jurisdiction over state actions concerning land rights, and United States v. Grimaud, where the Court upheld the government's authority to regulate public forests. Similarly, in United States v. Midwest Oil Co., the Court confirmed that the presidency holds the power to withdraw public lands from private sale. These judicial decisions reflect the ongoing complexities and evolving policies surrounding the management and use of public lands in America, highlighting the balance between public interest and individual rights.
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Subject Terms
Public lands and the Supreme Court
Description: Lands owned by a public authority, chiefly the federal government.
Significance: The property clause of the U.S. Constitution gives the federal government authority to dispose of and regulate public lands. The Court interprets this clause and resolves disputes regarding federal or state jurisdiction over these lands.
After the American Revolution, the Treaty of Paris (1783) transferred to the United States all lands held by the British Crown between the Great Lakes and the Gulf of Mexico. The new government of the United States acquired title to these lands in the 1780s by assuming the state debts incurred during the Revolution. However, Georgia was slow to transfer, and land speculators bought a large portion of its claims, leading to Fletcher v. Peck which came before the Supreme Court in 1810. This case enabled the Court to establish its authority over the states in issues involving rights guaranteed in the U.S. Constitution.
Until the end of the nineteenth century, it was governmental policy to transfer public lands to private ownership as soon as a paying customer could be found. In the twentieth century, policy changed, and it was believed that the public interest in such lands could best be secured by retaining them as public property. In United States v. Grimaud (1911), the authority of the secretary of agriculture to adopt regulations to protect public forests under the Forest Reserve Act of 1891 was challenged, but the Court upheld the constitutionality of the act. In United States v. Midwest Oil Co. (1915), the power of the presidency to withdraw some public land from sale to private individuals was challenged, but the Court upheld the presidential authority.
Bibliography
"Federal Court Reaffirms U.S. Ownership of Public Lands." U.S. Department of Justice, 11 Oct. 1995, www.justice.gov/archive/opa/pr/Pre‗96/October95/533.txt.html. Accessed 31 Mar. 2023.
Mansfield, Marla. "A Primer of Public Land Law." University of Tulsa College of Law, core.ac.uk/download/pdf/232678995.pdf. Accessed 31 Mar. 2023.
Turner, Nicholas. "WA Supreme Court Rules that State Can Log Public Lands, but Doesn’t Have to." Seattle Times, 22 July 2022, www.seattletimes.com/seattle-news/environment/wa-supreme-court-rules-in-favor-of-state-on-logging-public-lands/. Accessed 31 Mar. 2023.