Property Law Overview: Conquest, Enslavement, and Race in Land Ownership The Justice of Acquisition and Conquest at the Root of Land Titles Flashcards
Johnson v M’Intosh
is a landmark case decided by the U.S. Supreme Court in 1823. The case addressed the issue of land ownership and the rights of Native Americans. Here are some key points:
Background: The case involved a dispute over land in Illinois. Thomas Johnson had purchased land from the Piankeshaw Native American tribes in 1773 and 1775. William McIntosh later obtained a land patent for the same land from the U.S. government12.
Ruling: The Supreme Court, led by Chief Justice John Marshall, ruled that private citizens could not purchase lands directly from Native Americans. The Court held that only the federal government had the authority to acquire land from Native American tribes12.
Doctrine of Discovery: The decision reinforced the “doctrine of discovery,” which gave European colonial powers, and later the U.S. government, the exclusive right to acquire land from Native Americans
The Antelope
Took Africans to Brazil. Slaves died. Brazil crossed the US Territory
Sovereignty and Indigenous land
Without any authoritative rights, there is no property
Bundle of sticks
rights, privileges, power, and immunities.
Bundle of rights
possession. exclude, control and transfer/sell
13th amendment
slavery, punishment and abolished slavery
14th amendment
deprive, life liberty and due process
The key question for the course
How do we look at property value in America
The exam focuses
Majority view in the cases and law
Property
is a bundle of rights between people with respect of resources
what is equitable property distribution
Society
farming,
businesses
ongoing value
ability to obtain equity
owning, leasing, and renting
passing down generational wealth.
Public Policy limits on rights to exclude
legal rights limit the posessor right to exclude non owners from the property; non owners are protected by different sources of law, federal and state
