Grazing rights

Grazing rights is the right of a user to allow their livestock to feed (graze) in a given area.

LammasLand-485
Grazing rights in action: Leyton Marshes in London, where historic grazing (and other) rights are still in place, although not always willingly acceded by the authorities
Sheep, Torres del Paine
A large sheep farm in Chile.
Velebit Ljuotic Mataci 02
Historically dry stone walls were used for managing and protecting sheep livestock which had been a major food staple in Dalmatia.

United States

Grazing rights have never been codified in United States law, because such common-law rights derive from the English concept of the commons, a piece of land over which people, often neighboring landowners, could exercise one of a number of such traditional rights, including livestock grazing.[1] Prior to the 19th century, the traditional practice of grazing the open range in the United States was rarely disputed because of the sheer amount of unsettled open land. However, as the population of the western United States increased in the mid-to-late 19th century, range wars often erupted over the ranchers' perceived rights to graze their cattle as the western range deteriorated with overuse.[2]

In 1934, the Taylor Grazing Act formally set out the federal government's powers and policy on grazing federal lands in the western United States by establishing the Division of Grazing and procedures for issuing permits to graze federal lands for a fixed period of time. The Division of Grazing was renamed the US Grazing Service in 1939 and then merged in 1946 with the General Land Office to become the Bureau of Land Management, which along with the United States Forest Service oversees public lands grazing in 16 western states today.[3] However, grazing was never established as a legal right in the U.S.,[4] and the Taylor Grazing Act authorized only the permitted use of lands designated as available for livestock grazing while specifying that grazing permits "convey no right, title, or interest" to such lands.[5] Although the regulations stipulated by the Taylor Grazing Act apply only to grazing on Bureau of Land Management lands, the Chief of the Forest Service is authorized to permit or suspend grazing on Forest Service administered property, and many Forest Service grazing regulations resemble those of the Taylor Grazing Act.[6]

Dalmatia

In Dalmatia, judgments about grazing rights are a fundamental part of the jurisprudence. The oldest court verdict in Dalmatia in a court case about grazing rights dates from the 14th century. It is a usufruct of property, which belongs to someone else, or it is a use of a property. Use of someone else's property requires a contract (written or not) about the usufruct. The court may declare parts of the contract as unlawful.

If there is no contract, common law (also called case law) comes to apply. The decisions on who was allowed to judge on grazing rights cases were different in the Middle Ages, which reasoned in tradition and in the natural resources in each area, such as water, meadows, lawns and others. Some peasants wrote their own statute, like Poljica republic in 1440. Also, some dukes wrote together with some peasants their own statute, like Law codex of Vinodol from 1288.[7]

See also

References

  1. ^ Merrill, K.R. 2002. Public Lands and Political Meaning: Ranchers, the Government, and the Property Between Them. Berkeley: University of California Press, p. 183.
  2. ^ Fleischner, T. L. 2009. Livestock grazing and wildlife conservation in the American West: historical, policy and conservation biology perspectives. Wild Rangelands: Conserving Wildlife While Maintaining Livestock in Semi-Arid Ecosystems (eds J. T. du Toit, R. Kock and J. C. Deutsch). Chidester, UK: John Wiley & Sons, Ltd, p. 235-265. pdoi: 10.1002/9781444317091.
  3. ^ http://www.blm.gov/wo/st/en/prog/grazing.html
  4. ^ Donahue D. 2005. Western grazing: the capture of grass, ground, and government. Environmental Law 35:721-806.
  5. ^ United States Code of Federal Regulations 4130.2 (c) Retrieved from http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr;sid=65dfe1cec94944c989e83b4eb39cd3ba;rgn=div5;view=text;node=43%3A2.1.1.4.92;idno=43;cc=ecfr#PartTop
  6. ^ United States Code of Federal Regulations 36 § 222.1-54.
  7. ^ Magyar Országos Levéltár
Bakel, Senegal

Bakel is a town of approximately 15,000 inhabitants located in the eastern part of Senegal, West Africa. The town is located on the left bank of the Sénégal River, 65 kilometers (40 mi) from the Malian border and linked by canoe ferry to the village of Gouraye in Mauritania.

Bakel is one of the four eponymous departmental capitals in the region of Tambacounda, the other three being Tambacounda, Goudiry and Koumpentoum. Bakel is known for its French fort (Fort Bakel), which René Caillié visited in 1819. It was also the area where the Mauritanian crisis occurred, a dispute over grazing rights that led to a war between Senegal and Mauritania in 1989. As a result of this conflict, many people around the area moved abroad or emigrated to Senegal.The majority of the population belong to the Soninke-speaking ethnic group, a dialect of the larger Mandagne-Mandinke language family. There is also a substantial Pulaar (Fula) speaking minority as well as a significant amount of Bambara and Wolof (or Oulof) speakers. While most people learn and speak French in school, they prefer to use local dialects in everyday conversation. A large permanent market serves the department's inhabitants along with a weekly "Lumo" (similar to a flea market). Most inhabitants are subsistence farmers and herders, while the people in town are employed in informal businesses that range from carpentry, masonry and transportation of goods to selling fruit and produce on the street. Due to its location in the Sahel, the area is semi-arid with little vegetation outside of the rainy season. Various hills surround the town, which are known locally as "little mountains."

Bakel is also the site of a study of annual flow volumes of the Senegal river from 1904 to 1990 which showed a dramatic reduction in the river's volume especially in the past twenty years.Bakel City Gang is the name of a famous song made by Booba, a French rap star whose father originated from this town.

Baumgartsbrunn

Baumgartsbrunn is a farmstead and settlement in the Khomas Region of central Namibia, situated on the C28 approximately 35 kilometres (22 mi) west of Windhoek.

Baumgartsbrunn known for the educational projects set up by Helmut Bleks, and after his death supported by the Helmut Bleks Foundation and other donors. Bleks, the farm owner in the 1970s, established a farm school, today the government boarding school Primary School Baumgartsbrunn, on the farm land in 1973.In 1991 the Institute for Domestic Science & Agriculture, a vocational school for local women, was added. The school offers training for domestic workers but its qualifications are not accredited, a situation that has led to protests by the students. Namibia's ruling SWAPO party called for a take-over of the Helmut Bleks Foundation by the Namibian government.Surrounding the school a small settlement has evolved over the years, mainly consisting of people from the ǀKhomanin clan of the Damara people. Following disputes over land and grazing rights, the foundation owning the farm granted exclusive settling and land use rights on 300 hectares (740 acres) to the ǀKhomanin in 2009.

Bromyard Downs

Bromyard Downs is an area of registered common land just outside Bromyard in Herefordshire comprising 114 hectares. It rises to over 700 ft in a wide twisting range of plateau that dominates the escarpment overlooking the town. The down is a combination of gorse and grassland, wood and coppice. It was by tradition an area that boasted wildlife extinct in most parts of England; the Adder and rare wild plants. There are currently (2018) 88 registered commoners some of whom have livestock grazing rights under Commons Act 2006. Rights under the act include pasturage, estover and turbary.

Defereggen Valley

The Defereggen Valley (German: Defereggental), or simply Defereggen, is the middle of the three East Tyrolean high mountain valleys running from east to west. Its parallel-running neighbours are the Puster Valley and the Virgen Valley. The Defereggental is linked by a road called the Defereggentalstraße. Its name is derived from the Celtic word dubar (black, dark) or from the Slavic dober (good).It lies in the High Tauern National Park and is surrounded by the peaks of the Defereggen range, the Rieserferner Group, the Lasörling Group and the Schober Group. The Schwarzach river flows through the valley.

There are three municipalities in the valley: Hopfgarten in Defereggen, St. Veit in Defereggen and St. Jakob in Defereggen.

The Defereggental has been settled since the 7th century by settlers who entered it over the Staller Saddle and the Klammljoch, both crossings into the present day South Tyrol. Even today the South Tyrolese have grazing rights in the upper Defereggental. The main village of St. Jakob im Defereggental is the oldest settlement in East Tyrol. On the other side of the Staller Saddle is the Antholz valley.

In the 17th century about half the population of the Defereggental left the Roman Catholic church and became Protestants. After they refused the Archbishop of Salzburg’s direction to return, in 1684 they were forced to leave the valley. They had to leave their children behind and to sell their property. These emigrants settled mainly in the area of the present-day German states of Bavaria and Baden-Württemberg.

The Defereggental is protected within the Hohe Tauern National Park, and counts as one of the most unspoiled mountain valleys of the Alps. It is ca. 60 km long, and thus one of the longest as well as least populated valleys of the Austrian Alps.

Faid

Faid is an Ortsgemeinde – a municipality belonging to a Verbandsgemeinde, a kind of collective municipality – in the Cochem-Zell district in Rhineland-Palatinate, Germany. It belongs to the Verbandsgemeinde of Cochem, whose seat is in the like-named town.

George Owen (physician)

George Owen (1499–1558), from Oxford and Godstow, Oxfordshire, was an English royal physician and politician.

Owen was born in the Diocese of Worcester and educated at Merton College, Oxford. In 1520 he became a Fellow of the College.

George Owen was the royal physician to several members of the Tudor dynasty: Henry VIII, Edward VI, and Mary I. He served alongside Thomas Wendy and Edmund Harman.

He was also a Member of the Parliament of England for Oxfordshire in 1558.Owen owned Wolvercote Manor and Mill, north of Oxford. In 1552, he petitioned the King to prevent the Mayor of Oxford from enclosing Wolvercote Common where the villagers of Wolvercote traditionally had grazing rights.

Grazing rights in Nevada

Grazing rights in Nevada covers a number of rangeland Federal and state laws and regulations applicable to the state of Nevada. Rangelands are distinguished from pasture lands because they grow primarily native vegetation, rather than plants established by humans. Ranchers may lease or obtain permits to use portions of this public rangeland and pay a fee based on the number and type of livestock and the period for which they are on the land.

Islington Green

Islington Green is a small triangle of open land at the convergence of Upper Street and Essex Road (once called Lower Street) in the London Borough of Islington. It roughly marks the northern boundary between the modern district of Angel and Islington proper.

Historically it is not an old village green like others in London (for example, Shacklewell Green), but a surviving patch of common land like Newington Green to the north, that was carved out of old manorial wasteland where local farmers and tenants had free grazing rights. The original land was far more extensive but was largely built over in the 19th century. Since 2015 the site has been protected as a Centenary Field with Fields in Trust, part of the World War I commemorative programme protecting parks and green spaces in perpetuity.

In 1885, Henry Vigar-Harries described Islington Green "where the young love to skip in buoyant glee when the summer sun gladdens the air" and how "within a mile and a half from this spot there are 1,030 public houses and beer shops".

The green contains a memorial to the dead of both world wars as well as a statue of Sir Hugh Myddleton, designer of the New River that was so important to London's water supply from the 17th century onwards. The statue incorporates a fountain, which is no longer functioning. The New River itself once terminated about a kilometre to the south in Finsbury, but the section that can be still walked in modern times, the New River Walk, ends just to the north of the green off Essex Road. The north side of the green also carries a plaque to the once-famous Collins's Music Hall, which burned down in 1958. A Waterstone's bookshop now occupies the site.

Keglević family

Keglević is a Croatian noble family originally from Dalmatia, whose members were prominent public citizens and military officers. The Keglevićs were patrons of the arts and were holders of the rights of patronage over churches and parishes.The first known ancestor was Peter de genere Percal, a castle lord, who was mentioned in a supreme court verdict in Dalmatia about the right to judge a case concerning grazing rights in a village in the year 1322. Peter was mentioned as a son of Budislav de genere Percal and as a brother of Jakob de genere Percal, and his family was explicitly called nostra nobilissima familia (our most noble family).

Lampaden

Lampaden is a municipality in the Trier-Saarburg district, in Rhineland-Palatinate, Germany. The village is over a thousand years old and acquired grazing rights in the year 1036. The area was already populated in Celtic and Roman times.

During World War II, the only two operational V3 cannons used to bombard Luxembourg were installed in a wooded ravine of the Ruwer River at Lampaden about 13 kilometres (8.1 mi) southeast of Trier. The village was heavily damaged in early March 1945 during a German counterattack.

Mariano Verdugo

Mariano de la Luz Verdugo (1746 – 1822) was a Spanish soldier and later Mayor of the Pueblo of Los Angeles.

Mariano de la Luz Verdugo was born at San Javier, Baja California, to Juan Diego Verdugo and María Ignacia de la Concepción Carrillo. Mariano Verdugo came to California with his brother, José María Verdugo, in the 1769 Rivera expedition and, for the next two decades, served at various presidios in California. Mariano Verdugo was promoted to the rank of corporal and placed in command of the guard at Mission San Luis Obispo in 1773. In 1781, he was elevated to sergeant and put in charge of the Monterey Presidio. In 1782, when Governor Felipe de Neve's expedition headed back to Mexico via the Colorado River, Verdugo led the military escort of the return trip.

In 1784, Spanish governor Pedro Fages granted grazing rights to Rancho Portezuela, near present day Universal City, to Mariano de la Luz Verdugo. Rancho Portezuela was reclaimed by the Mission San Fernando in 1810. Verdugo retired to Los Angeles around 1787, and served as alcalde of the Pueblo in 1790 - 1791 and 1802 - 1808. Mariano married Maria Guadalupe Lugo (–1780) at Mission San Carlos Borromeo de Carmelo in 1775. After Guadalupe Lugo died in San Diego in 1780, Verdugo married Maria Gertrudis Gregoria Espinosa (1760–1830) in 1778. Their daughter, Maria del Rosaria Verdugo (1793-), married Francisco Avila in 1810.

Mauritania–Senegal Border War

The Mauritania–Senegal Border War was a conflict fought between the West African countries of Mauritania and Senegal during 1989–1991. The conflict began around disputes over the two countries' River Senegal border and grazing rights, and resulted in the rupture of diplomatic relations between the two countries for several years, the creation of thousands of refugees from both sides, as well as having a significant impact on domestic Senegalese politics.

Range war

A range war is a type of usually violent conflict, most commonly in the 19th and early 20th century in the American West. The subject of these conflicts was control of "open range", or range land freely used for cattle grazing, which gave the conflict its name. Typically they were disputes over water rights or grazing rights and cattle ownership.Range wars occurred prior to the Taylor Grazing Act of 1934 which regulated grazing allotments on public land. Range wars included the Pleasant Valley War, Colfax County War, Castaic Range War, San Elizario Salt War, Mason County War, Barber–Mizell feud, Johnson County War and others.

Romuald I of Benevento

Romuald I (also spelled Romoald and in Italian Romualdo), duke of Benevento (662–687) was the son of Grimoald, king of the Lombards. When his father usurped the throne in 662, he left Benevento under Romuald and sent the deposed king Perctarit's wife, Rodelinde, and son, Cunincpert, into exile at the Romuald's court in Benevento.

Romuald betrothed his sister Gisa to Roman Emperor Constans II. The Eastern Romans were then besieging Benevento and Romuald's valiant defence of the city was failing, when Grimoald showed up and routed the Roman menace. Romuald then took Taranto and Brindisi, much limiting the Imperial influence in the region. He received military aid from the possibly Bulgar or Avar Alzeco horde, which had recently entered Italy due to power struggles in Pannonia. In return, he gave them grazing rights and Alzeco the title of gastald in 667.

Romuald never saw the kingdom his father had won and so well defended; Perctarit returned and ceased the kingship. He was succeeded at Benevento by his son by Theodrada, daughter of Duke Lupus of Friuli, Grimoald II.

Rural land sales

Rural Land Sales in real estate refers to the sale of undeveloped land, usually as a parcel or tract of several acres of a ranch.

Sheep Wars

The Sheep Wars, or the Sheep and Cattle Wars, were a series of armed conflicts in the Western United States which were fought between sheepmen and cattlemen over grazing rights. Sheep wars occurred in many western states though they were most common in Texas, Arizona and the border region of Wyoming and Colorado. Generally, the cattlemen saw the sheepherders as invaders, who destroyed the public grazing lands, which they had to share on a first-come, first-served basis. Between 1870 and 1920, approximately 120 engagements occurred in eight different states or territories. At least 54 men were killed and some 50,000 to over 100,000 sheep were slaughtered.

Stavely

Stavely is a farming community in southern Alberta, Canada. It is located 110 kilometres (68 mi) south of Calgary on Highway 2 and 16 km (9.9 mi) east of Willow Creek Provincial Park.

Stavely was named for Alexander Staveley Hill, Managing Director of the Oxley Ranching Company that was founded in 1882 by John R Craig on 100,000 acres of grazing rights.The Canadian Pacific Railway once ran through the town. Its closure led to the removal of all but one of Stavely's grain elevators.

The people of Stavely and area are proud of their friendliness and community spirit.

The Singing Hill

The Singing Hill is a 1941 American Western film directed by Lew Landers and starring Gene Autry, Smiley Burnette, and Virginia Dale. Based on a story by Jesse Lasky Jr. and Richard Murphy, the film is about a singing cowboy and foreman of a ranch that may be sold to an unstrupulous banker by the young madcap heiress who is unaware that the sale will result in the local ranchers losing their free grazing land and their ranches. In the film, Autry introduced the song "Blueberry Hill" which would become a standard recorded by such artists as Louis Armstrong (1949), Fats Domino (1956), and Elvis Presley (1957). The song became one of Autry's best-selling recordings. In 1987, "Blueberry Hill" received an ASCAP Award for Most Performed Feature Film Standards on TV.

Title (property)

In property law, a title is a bundle of rights in a piece of property in which a party may own either a legal interest or equitable interest. The rights in the bundle may be separated and held by different parties. It may also refer to a formal document, such as a deed, that serves as evidence of ownership. Conveyance of the document may be required in order to transfer ownership in the property to another person. Title is distinct from possession, a right that often accompanies ownership but is not necessarily sufficient to prove it. In many cases, possession and title may each be transferred independently of the other. For real property, land registration and recording provide public notice of ownership information.

In United States law, typically evidence of title is established through title reports written up by title insurance companies, which show the history of title (property abstract and chain of title) as determined by the recorded public record deeds; the title report will also show applicable encumbrances such as easements, liens, or covenants. In exchange for insurance premiums, the title insurance company conducts a title search through public records and provides assurance of good title, reimbursing the insured if a dispute over the title arises. In the case of vehicle ownership, a simple vehicle title document may be issued by a governmental agency.

The main rights in the title bundle are usually:

Exclusive possession

Exclusive use and enclosure

Acquisition

Conveyance, including by bequest

Access easement

Hypothecation

PartitionThe rights in real property may be separated further, examples including:

Water rights, including riparian rights and runoff rights

In some U.S. states, water rights are completely separate from land—see prior appropriation water rights

Mineral rights

Easement to neighboring property, for utility lines, etc.

Tenancy or tenure in improvements

Timber rights

Farming rights

Grazing rights

Hunting rights

Air rights

Development rights to erect improvements under various restrictions

Appearance rights, often subjected to local zoning ordinances and deed restrictionsPossession is the actual holding of a thing, whether or not one has any right to do so. The right of possession is the legitimacy of possession (with or without actual possession), the evidence for which is such that the law will uphold it unless a better claim is proven. The right of property is that right which, if all relevant facts were known (and allowed), would defeat all other claims. Each of these may be in a different person.

For example, suppose A steals from B, what B had previously bought in good faith from C, which C had earlier stolen from D, which had been an heirloom of D's family for generations, but had originally been stolen centuries earlier (though this fact is now forgotten by all) from E. Here A has the possession, B has an apparent right of possession (as evidenced by the purchase), D has the absolute right of possession (being the best claim that can be proven), and the heirs of E, if they knew it, have the right of property, which they cannot prove. Good title consists in uniting these three (possession, right of possession, and right of property) in the same person(s).

The extinguishing of ancient, forgotten, or unasserted claims, such as E's in the example above, was the original purpose of statutes of limitations. Otherwise, title to property would always be uncertain.

By owner
By nature
Commons
Theory
Applications
Disposession/
redistribution
Scholars
(key work)

This page is based on a Wikipedia article written by authors (here).
Text is available under the CC BY-SA 3.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.