allodial title in california

• Review Articles: Eminent Domain: A Review of the Issues

This paper surveys the literature on eminent domain, particularly as it pertains to economic development projects. This survey is timely because of the recent Supreme Court decision in the case of Kelo v. City of New London. The majority of the Court now equates public use to public purpose and approves of the Connecticut local economic development statute. However, the Kelo decision generated much controversy at local, state, and federal levels. Use of the power of eminent domain for economic development projects remains controversial because of the perception that the definition of public use has become too broad in that transfer of property from one private owner to another is involved-even though "just compensation" is provided and a public purpose motivates the property acquisition...

... legal theory is that all land is held in allodial title by the sovereign on that land. Thus in Engli...For example, California law states that the takings power for economic dev...

• Journal of Real Estate Literature
• Vol. 17 Nbr. 1, January 2009

• Shoemaker v. United States, 147 U.S. 282 (1893)

...By a final judgment of the court below the title was declared to be vested in the United States, an..., or in Florida from Spain, or in California from Mexico, or in Alaska from Russia. The right w..., it has been said that it has become allodial. That is all true, but it must be remembered that ...

• U.S. Supreme Court

• The mythology of holdout as a justification for eminent domain and public provision of roads.

... Greenway in Virginia and SR-91 in California--obtained the land they required from private land... than the thief who attempts to convey good title to a third person" (1993, 4, emphasis added). Crit...Jefferson vigorously pushed for allodial ownership, wherein landowners would hold absolute ...

• Independent Review
• Vol. 10 Nbr. 2, September 2005

• Preparing to Be Colonized: Land Tenure and Legal Strategy in Nineteenth-Century Hawaii

In the late nineteenth and early twentieth centuries, throughout the Pacific Rim, European and American colonizers reorganized indigenous systems of property rights in land to make them look more like European property systems, with disastrous effects for the indigenous people involved. The very first of these schemes, however, was the Mahele of 1845-1855, which took place not in a colony but in the independent Kingdom of Hawaii. Why did the Hawaiians do this to themselves? I argue that the Mahele was a sophisticated and partially successful response to the prospect that Hawaii would soon be colonized. The object of the Mahele was to ensure that in the event of annexation, Kamehameha III and other elite Hawaiians would not be dispossessed of their landholdings. The strategy was to conve...

... rights into English fee simple titles (Williams 1999). Soon after, Britain set up a simi... present feudal tenure of lands to the allodial," asserted the Polynesian in one representative is... shadowy plans circulating in California to overthrow the Hawaiian government (Privy Counci...

• Law & Society Review
• Vol. 39 Nbr. 2, June 2005

• Jeffrey W. Williams, Susan K. Williams on Their Own Behalf and as Representatives of a Class of Homeowners, J. Peter Bittner, Marsha H. Bittner, Mary S. Boyd, Richard E. Nault, Appellants, v. First Federal Savings and Loan Association of Arlington, Individually and as Rep. of a Class of Lenders, Federal Home Loan Mortgage Corp., Arlington-Fairfax Savings and Loan Association, Herndon Federal Savings and Loan Association, Appellees. Arthur G. Pote, Laura R. Pote, Angel Saltos, Beatriz de Saltos, Appellants, v. Washington-Lee Savings and Loan Association, Appellee., 651 F.2d 910 (4th Cir. 1981)

... transferred," or "sold or conveyed" or that title was not "transferred." 10 Hence, the contention r...California law, the Court concluded, was "inapplicable to Gle... in the United States, because of the allodial nature of holdings in this country. 28 Am.Jur.2d p...

• Federal Circuits

• Not in my backyard PASH v. HPC: The clash between native Hawaiian gathering rights and western concepts of property in Hawaii.

Public Access Shoreline Hawaii, Hawai'i County Planning Commission The 1995 Hawaii Supreme Court decision in Public Access Shoreline Hawaii v. Hawai'i County Planning Commission supported the gathering rights of the native people which are outlined in article XII, section 7 of the Hawaii Constitution. Gathering rights allow native people to use the land for cultural, subsistence and religious purposes. The decision represents a victory for those who believe modern Western law and traditional native law can be mutually supportive.

... production for the growing California market. Pressure to alter the existing land tenure... wanted Western growers to have fee simple title to the lands purchased for growing sugarcane and p... have obtained, or may hereafter obtain, allodial titles to their lands, the people on each of their...

• Environmental Law
• Vol. 28 Nbr. 2, June 1998