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Adverse Possession - Applicability to Land Grants Form Spain

In:

Submitted By BertLucero
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Pages 10
ADVERSE POSSESSION LAWS

DO NOT APPLY TO LAND GRANTS

THAT WERE ISSUED BY

THE SOVERNITIES OF SPAIN AND MEXICO

AS TREATIES ENTERED INTO BY THE UNITED STATES CONGRESS

(AS IS THE TREATY OF GUADALUPE-HIDALGO)

are considered Supreme law

by the Constitution of the United States of America

Bert Lucero, Trustee, LTLGA, 2 March 2007

After three centuries as Sovereign, the Government of Spain relinquished all Spanish claim in the Americas to a new Sovereign, “Mexico” via the Treaty of Cordova, 28 September 1821. Property rights were honored IAW (in accordance with) Las Siete Partidas and the International Law of Conquest. Land Grant ownership, management and operations were allowed to continue in the same manner as under Spanish Rule (Land Title Study, Koch, et al). The following year, on 24 February 1822, all of Mexico’s inhabitants, within its borders, were declared “Free and Equal Citizens” via the Plana de Iguala.

“...that all the inhabitants of New Spain, without distinction, whether Europeans, Africans or Indians are citizens of this monarchy, with the right to be employed in any post, according to their merits and virtues”.

“... the equality of civil rights to all the free inhabitants of the empire, whatsoever may be their origin in the four quarters of the earth”.

The United States of America (created in 1776), enacted Indian Intercourse Act of 1834 (Manifest Destiny), wherein it formalized it’s goal to claim all land, unto the Pacific Ocean: the means to clear the land of savages was authorized (and financed), immigration was encouraged. But this government did not expect its citizens to encounter “civilized” indigent inhabitants: indigents that were not savages, indigents that looked “Indian” but never the less” civilized according to English standards. Therefore,

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