Checkerboarding refers to the intermingling of land ownership between two or more owners resulting in a checkerboard pattern. Checkerboarding is prevalent in the Western United States and Western Canada because of extensive use in railroad grants for western expansion, although it had its beginnings in the canal land grant era. [1]
Checkerboarding in the West occurred as a result of railroad land grants where railroads would be granted every other section along a rail corridor. These grants, which typically extended 6 to 40 miles (10 to 64 km) from either side of the track, [2] were a subsidy to the railroads. Unlike per-mile subsidies which encouraged fast but shoddy track-laying, land grants encouraged higher quality work, since the railroads could increase the value of the land by building better track. The government also benefited from the increased value of the remaining public parcels. [2]
Railroad land grants split the land surrounding the area where train tracks were to be laid into a checkerboard pattern. The land was already divided into 640-acre numbered sections (260 ha) according to the Public Land Survey System; odd-numbered plots were given to private railroad companies, and the federal government kept even-numbered plots.
The federal government believed that because the value of land surrounding railroads would increase as much as twofold, [3] granting land to private railroad companies would theoretically pay for itself and also increase the transportation infrastructure throughout the nation. The U.S. government was not able to sell much of the land that it retained because settlers willing to move West were not wealthy. [3] The wealthiest United States citizens of the 19th century remained in the East. The federal government eventually gave away much of this land through the Homestead Acts. [3]
The first grants were given to the Mobile and Ohio and Illinois Central Railroads in 1850. [2] Additional grants were made under the Pacific Railway Acts between 1862 and 1871, when they were stopped because of public opposition. In total, 79 grants were made, totaling 200,000,000 acres (810,000 km2), later reduced to 131,000,000 acres (530,000 km2). [2]
Checkerboarding also occurred with Native American land grants, where native land was intermingled with non-native land. Many Native American tribes opposed checkerboarding, because it broke up traditionally communal native settlements into many individual plots and allowed non-natives to claim land within those settlements.
The Dawes Act of 1887 created the most Native American checkerboarding. The act was intended to bolster self-sufficiency and systematically fracture native cultures, giving each individual between 40 and 160 acres (16 and 65 ha).
Native Americans were also negatively affected by federal government checkerboarding policies because railroad land grants were not prevented from running through land previously occupied by Native American tribes. This act of unrightful land transfer from the hands of Native Americans to private railroad companies and homestead grantees resulted in conflicts on more than one occasion.[ citation needed ] One notable location of conflict is the Chambers Checkerboard – a region occupied by Navajo people before railroad companies were granted the land to construct the transcontinental railroad. Tension grew between the Navajo tribe and the settlers of the region because of unexplained deaths, which each party blamed on the other. These tensions led to further violence after a white settler was suspected for murdering a Navajo youth without rightful punishment. [4]
Checkerboarding can create problems for access and ecological management. It is one of the major causes of inholdings within the boundaries of national forests. As is the case in northwestern California, checkerboarding has resulted in issues with managing national forest land. [5] Checkerboarding was previously applied to these areas during the period of western expansion, and they are now commercial forest land. Conflicting policies establishing the rights of the private owners of this land have caused some difficulties in the local hardwood timber production economy.
While relieving this land from its checkerboard ownership structure could benefit the timber production economy of the region, checkerboards can allow government to extend good forestry practices over intermingled private lands, by demonstration or applying pressure via economy of scale or the right of access. [6]
Corner crossing is not explicitly legal or illegal in any state, but legal opinions and enforcement differ by state. [7] Checkerboarding may make public land inaccessible when it is surrounded by privately owned land. [8] In 2021, hunters in Wyoming were charged with trespassing on private land they never actually set foot on when they crossed between two parcels of public land at the corner where they touched. [9] Landowners allege their airspace was violated. A jury found the hunters not guilty, but a civil lawsuit was also filed by the landowners. [10]
The Dawes Act of 1887 regulated land rights on tribal territories within the United States. Named after Senator Henry L. Dawes of Massachusetts, it authorized the President of the United States to subdivide Native American tribal communal landholdings into allotments for Native American heads of families and individuals. This would convert traditional systems of land tenure into a government-imposed system of private property by forcing Native Americans to "assume a capitalist and proprietary relationship with property" that did not previously exist in their cultures. Before private property could be dispensed, the government had to determine which Indians were eligible for allotments, which propelled an official search for a federal definition of "Indian-ness".
The Indian Reorganization Act (IRA) of June 18, 1934, or the Wheeler–Howard Act, was U.S. federal legislation that dealt with the status of American Indians in the United States. It was the centerpiece of what has been often called the "Indian New Deal".
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The Navajo Nation, also known as Navajoland, is an Indian reservation of Navajo people in the United States. It occupies portions of northeastern Arizona, northwestern New Mexico, and southeastern Utah. The seat of government is located in Window Rock, Arizona.
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The San Juan River is a major tributary of the Colorado River in the Southwestern United States, providing the chief drainage for the Four Corners region of Colorado, New Mexico, Utah, and Arizona. Originating as snowmelt in the San Juan Mountains of Colorado, it flows 383 miles (616 km) through the deserts of northern New Mexico and southeastern Utah to join the Colorado River at Glen Canyon.
The Long Walk of the Navajo, also called the Long Walk to Bosque Redondo, was the deportation and ethnic cleansing of the Navajo people by the United States federal government and the United States army. Navajos were forced to walk from their land in western New Mexico Territory to Bosque Redondo in eastern New Mexico. Some 53 different forced marches occurred between August 1864 and the end of 1866. In total, 10,000 Navajos and 500 Mescalero Apache were forced to the internment camp in Bosque Redondo. During the forced march and internment, up to 3,500 people died from starvation and disease over a four-year period. In 1868, the Navajo were allowed to return to their ancestral homeland following the Treaty of Bosque Redondo. Some anthropologists state that the "collective trauma of the Long Walk ... is critical to contemporary Navajos' sense of identity as a people".
An American Indian reservation is an area of land held and governed by a U.S. federal government-recognized Native American tribal nation, whose government is autonomous, subject to regulations passed by the United States Congress and administered by the United States Bureau of Indian Affairs, and not to the U.S. state government in which it is located. Some of the country's 574 federally recognized tribes govern more than one of the 326 Indian reservations in the United States, while some share reservations, and others have no reservation at all. Historical piecemeal land allocations under the Dawes Act facilitated sales to non–Native Americans, resulting in some reservations becoming severely fragmented, with pieces of tribal and privately held land being treated as separate enclaves. This intersection of private and public real estate creates significant administrative, political, and legal difficulties.
The Fort Hall Reservation is a Native American reservation of the federally recognized Shoshone-Bannock Tribes in the U.S. state of Idaho. This is one of five federally recognized tribes in the state. The reservation is located in southeastern Idaho on the Snake River Plain about 20 miles (32 km) north and west of Pocatello. It comprises 814.874 sq mi (2,110.51 km2) of land area in four counties: Bingham, Power, Bannock, and Caribou. To the east is the 60-mile-long (97 km) Portneuf Range; both Mount Putnam and South Putnam Mountain are located on the Fort Hall Reservation.
A land patent is a form of letters patent assigning official ownership of a particular tract of land that has gone through various legally-prescribed processes like surveying and documentation, followed by the letter's signing, sealing, and publishing in public records, made by a sovereign entity. While land patents are still issued by governments to indicate property is privately held, they are also often used by sovereign citizens and similar groups in illegitimate attempts to gain unlawful possession of property, or avoid taxes and foreclosure.
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