Land Grants

Land Grants From the beginning of European settlement in America, land was the principal basis of wealth. Successive governments assumed ownership and distributed much land for private settlement and development. In early cases, the Supreme Court implicitly accepted the premise that private property in land was a constitutionally protected element of the American political economy. In Fletcher v. Peck (1810) the Supreme Court held that a state land grant was protected from legislative repeal by the Contracts Clause of the Constitution (Art. I, sec. 10, cl. 1). Later cases similarly held that land became private property on conveyance by the Federal government to private persons.10

The Property Clause of the Constitution (Art. IV, sec. 3, cl. 2) gives Congress the power to “dispose of” land owned by the federal government. Under this clause, Congress distributed most federal land through sales or grants to states, firms, or individuals. Many grants were made specifically to support education, the construction of railroads, or other beneficial activities.3

The Court has consistently held that the power of disposing of public lands rests in Congress, not the courts. In general, the Court has construed congressional grants liberally in favor of the government. But whenever the government has sought to recover land for the failure of the grantee to comply with a condition stated in the grant, the Court has tended to construe the condition strictly and has insisted that the government follow proper forfeiture procedures.

See also Property Rights; Public Lands.

Bruce A. Campbell