We need to raise up our kids to understand that a Grazing Allotment is a split estate private property interest protected under the law like any other property right. Angus McIntosh
*The primary sources for definitions of these terms are Words & Phrases, Corpus Juris Secundum, and American Jurisprudence.
Allotment*
An assigned portion of grazing land under an enclosure act. (Words and Phrases, American Jurisprudence, Corpus Juris Secundum) An apportionment of land to someone, who by right, is entitled to it. (Words and Phrases, American Jurisprudence, Corpus Juris Secundum) Under United States land law the term allottee and allotment and homesteader and homestead mean the same thing, (United States v Jackson, 280 US 183 (1930)).
Bundle of Rights*
This term is used to describe the collection of rights that constitute ownership of property or realty (or interests in real estate). The bundle-of-rights includes, but is not limited to, the right to: sell, lease, use, give away, exclude others from, and to retain. The bundle-of-rights is the list of options that an owner can exercise over his property. See Henneford v Silas Mason Co, 300 US 577 (1937).
Fee – in real estate*
The term fee, or fee simple refers to the quality, character, and degree of ownership a party has in real estate. In modern usage the word fee or fee simple as applied to ownership of land generally refers to the owner of the surface estate. Fee ownership comprehends the entire bundle-of-rights, which includes the right to sell, lease, use, give, exclude others, and retain ownership in land or real estate (see Bundle-of-Rights ). The Allotment Owner is the "surface owner for all agricultural and ranching purposes" (Watt v Western Nuclear, 462 US 36 (1983), Kinney Coastal Oil v Kieffer, 277 US 488 (1928)).
Grazing Fee as a charge*
A fixed charge for a government service. Not to be confused with a rent, lease, or tax. In relation to public-land disposal, an amount charged by federal agencies for performing administrative services such as surveying boundaries of grants, recording land claims, and performing range management studies, investigations, or cooperating in construction of range improvements. Fifty percent of the grazing fee contributed by ranchers having allotments in Forest Reserves or Grazing Districts is administered as a refundable trust fund for ranchers under Title 31 of the United States Code (U.S.C.) for the purpose of developing permanent range improvements on their allotments. Twenty five percent is returned to the county of origin as support for roads and schools in lieu of local taxation. Twenty five percent pays for federal administrative costs of making survey maps, etc.. (12 Stat 410, 13 Stat 414, 27 Stat 369, 29 Stat 594, 35 Stat 260, 38 Stat 429, 38 Stat 430, 39 Stat 1150)
Highest-and-best use*
The most reasonable and probable use that results in the highest present value of the property after considering all legally permissible, physically possible, financially feasible, and maximally productive uses.
Market Value*
Or fair market value; the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: buyer and seller are typically motivated; buyer and seller are well informed or well advised, and acting in what they consider their best interests; a reasonable time is allowed for exposure in the open market; payment is made in terms of cash in United States dollars or in terms of financial arrangements comparable thereto; the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale.
Ownership*
In common usage the terms ownership and title are used to refer to the full occupation, possession, use, and control of the bundle-of-rights that constitute what are termed property rights. Ownership implies full fee title to property encompassing the entire bundle-of-rights. (See bundle-of-rights ).
Property*
The exclusive right one has to possess, use, enjoy and dispose of anything he owns. A thing (or interest in a thing) reduced to the ownership and control of a party is said to be property. There are essentially two kinds of property involved with a split- estate ranch: 1) realty (land or real estate and improvements permanently attached to the earth, such as water rights, ditches, roads, forage, etc.) and 2) personalty (personal property or moveable objects not attached to the earth, such as livestock and equipment). A person is said to be the fee owner of property in real-estate when they possess all of the inherent property rights that constitute the bundle-of-rights that characterize ownership of a thing (see Fee – in real estate).
Public Land *
Public lands are “land and interest in land” that are available for disposal under the general land laws. Therefore, the term public lands do not include “reservations” or “lands to which claims or rights of others have attached.” The Supreme Court has repeatedly stated: “It is well settled that all land to which any claim or rights of others has attached does not fall within the designation of public lands.” Atherton v Fowler, 96 US 513 (1877); Cameron v United States, 148 US 301 (1893); Federal Power Act 1920 (41 Stat 1063); FLPMA 1976 (90 Stat 2743); Utah Div of State Lands v United States, 482 US 193 (1987).
Split Estate* A traditional split-estate exists when the surface ownership and the minerals ownership are held by two different persons or entities. A split-estate also exists where rights to some of the natural resources or interests in a parcel of land or real-estate are owned by separate parties. An entire or whole estate exists when all of the natural-resources, interests, improvements, and/or estates in a parcel of land or realty are owned by a single party. In reality very few parcels of land exist in an entire or whole estate status (i.e. all resources, uses, tenements, and hereditaments are owned by a single party). Examples of split-estates are where minerals in a particular parcel of land are owned separate from the surface, or the timber rights, water rights, and rights of way are owned separately from the underlying surface title. See Barden v Northern Pacific RR Co, 154 US 288 (1894).