PARAGON Foundation, Inc.- Past Court Rulings
Buford v. Houtz, 1888
Are cattle trails easements? Do federal
agencies have the authority to close roads and easements?
In Buford v. Houtz, 18 P.633 (1888) the Supreme Court of
Utah held that seven prior existing roads criss-crossing an area 40 by 36
miles gave established sheep ranchers an easement to cross over and graze
their sheep over checker boarded patented and government land. The use
thereof was not a trespass. In Buford v. Houtz, 133 U.S. 320 (1890) the
Supreme Court of the United States affirms the above decision of the Utah
Supreme Court. The Utah Supreme Court also held the same in Lindsay
Livestock & Land Co. v. Chumos, 285 P.246 (1930) specifically citing Act of
July 26, 1886. In United States v. Andrews, 179 U.S. 96 (1900) the Supreme
Court of the United States held that a "cattle trail" is an easement and a
"highway" for the purpose of crossing a federally established reservation,
and the use thereof was not a trespass.
http://supreme.justia.com/us/133/320/case.html
Adams v. United States, 319 U.S. 312; 87 L.Ed. 1421
(1943)
Where does your
jurisdiction lie?
Also see
ADAMS v. U.S., 319 U.S. 312 (1943)
319 U.S. 312; ADAMS et al. v.
UNITED STATES et al. No. 889. Argued May 10, 1943.
Decided May 24, 1943.
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=319&invol=312
In free governments the rulers are the servants and the
people are their superiors and sovereigns.
- Benjamin Franklin
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