Preemption (land): Difference between revisions
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'''Preemption''' is a term used in the nineteenth century United States to refer to a settler's right to purchase [[Public domain (land) | public domain land]] at the federally set minimum price; it was a right of first refusal. Usually this was conferred to male heads of households who developed the property into a farm. If he was a citizen or was taking steps to become one, and he and his family developed the land (buildings, fields, fences), he had the right to then buy that land for the minimum price. Land was otherwise sold through auction and would be overpriced for these settlers. Preemption is similar to [[squatter's rights]] and [[Mineral rights | mining claims]]. |
'''Preemption''' is a term used in the nineteenth century United States to refer to a settler's right to purchase [[Public domain (land) | public domain land]] at the federally set minimum price; it was a right of first refusal. Usually this was conferred to male heads of households who developed the property into a farm. If he was a citizen or was taking steps to become one, and he and his family developed the land (buildings, fields, fences), he had the right to then buy that land for the minimum price. Land was otherwise sold through auction and would be overpriced for these settlers. Preemption is similar to [[squatter's rights]] and [[Mineral rights | mining claims]]. |
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Preemption was always politically controversial, primarily due to the influence of land speculators in Congress and elsewhere in the government. However, the practical facts were that settlers were moving into the "virgin wilderness" in an uncontrolled manner, whether it was legal or not, and when eastern authorities attempted to claim title this was resisted by the local population. In addition, there had long been a recognition that the improvements these settlers made increased the value of all the nearby property.<ref>Johnson, pp. 162-163</ref> Eventually the political opposition by the speculators crumbled and the [[Preemption Act of 1841]] was passed. |
Preemption was always politically controversial, primarily due to the influence of land speculators in Congress and elsewhere in the government. However, the practical facts were that settlers were moving into the "virgin wilderness" in an uncontrolled manner, whether it was legal or not, and when eastern authorities attempted to claim title this was resisted by the local population. In addition, there had long been a recognition that the improvements these settlers made increased the value of all the nearby property.<ref>Johnson, pp. 162-163.</ref> Eventually the political opposition by the speculators crumbled and the [[Preemption Act of 1841]] was passed. |
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When it did become the cultural and political norm in the United States after the passage of the 1841 act, it was abused by corrupt speculators who were able to coerce accomplices to falsely claim they were living on land that they wanted to preempt. One particularly common example was in the logging industry in the upper [[Midwest]], where mill workers who lived in the mill towns would make a preemption claim on timberland that would then be turned around and cut by the lumber mill owners,{{citation needed|date=January 2013}} |
When it did become the cultural and political norm in the United States after the passage of the 1841 act, it was abused by corrupt speculators who were able to coerce accomplices to falsely claim they were living on land that they wanted to preempt. One particularly common example was in the logging industry in the upper [[Midwest]], where mill workers who lived in the mill towns would make a preemption claim on timberland that would then be turned around and cut by the lumber mill owners,{{citation needed|date=January 2013}} |
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The Preemption Act of 1841 was pivotal, but was neither the beginning nor the end of the issue of preemption. The [[Land Act of 1804]], the [[Homestead Act of 1862 | Homestead Act]], and many other similar land acts, were all passed partially to address the issue of preemption as it applied to each new circumstance. |
The Preemption Act of 1841 was pivotal, but was neither the beginning nor the end of the issue of preemption.<ref>Gates, pp. 312, 314.</ref> The [[Land Act of 1804]], the [[Homestead Act of 1862 | Homestead Act]], and many other similar land acts, were all passed partially to address the issue of preemption as it applied to each new circumstance. |
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==References== |
==References== |
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Revision as of 18:48, 28 January 2013
Preemption is a term used in the nineteenth century United States to refer to a settler's right to purchase public domain land at the federally set minimum price; it was a right of first refusal. Usually this was conferred to male heads of households who developed the property into a farm. If he was a citizen or was taking steps to become one, and he and his family developed the land (buildings, fields, fences), he had the right to then buy that land for the minimum price. Land was otherwise sold through auction and would be overpriced for these settlers. Preemption is similar to squatter's rights and mining claims.
Preemption was always politically controversial, primarily due to the influence of land speculators in Congress and elsewhere in the government. However, the practical facts were that settlers were moving into the "virgin wilderness" in an uncontrolled manner, whether it was legal or not, and when eastern authorities attempted to claim title this was resisted by the local population. In addition, there had long been a recognition that the improvements these settlers made increased the value of all the nearby property.[1] Eventually the political opposition by the speculators crumbled and the Preemption Act of 1841 was passed.
When it did become the cultural and political norm in the United States after the passage of the 1841 act, it was abused by corrupt speculators who were able to coerce accomplices to falsely claim they were living on land that they wanted to preempt. One particularly common example was in the logging industry in the upper Midwest, where mill workers who lived in the mill towns would make a preemption claim on timberland that would then be turned around and cut by the lumber mill owners,[citation needed]
The Preemption Act of 1841 was pivotal, but was neither the beginning nor the end of the issue of preemption.[2] The Land Act of 1804, the Homestead Act, and many other similar land acts, were all passed partially to address the issue of preemption as it applied to each new circumstance.
References
- Johnson, S. Lyle (1951). "Fight for the Pre-Emption Law of 1841" (PDF). Arkansas Academy of Science Journal. 4: 165–172. Retrieved 27 January 2013.
- Ritchie, James S. (1858). Wisconsin and Its Resources; With Lake Superior, Its Commerce and Navigation. Chicago: W. B. Keen. pp. 162–168. Retrieved January 28, 2013.
- Gates, Paul W. (1969). "Frontier Land Business In Wisconsin". Wisconsin Magazine of History. 53 (Summer). Retrieved 27 January 2013.