Grazing rights is the right of a user to allow their livestock to feed (graze) in a given area.
Grazing rights have never been codified in United States law, because such common-law rights derive from the English concept of the commons, a piece of land over which people, often neighboring landowners, could exercise one of a number of such traditional rights, including livestock grazing.Prior to the 19th century, the traditional practice of grazing the open range in the United States was rarely disputed because of the sheer amount of unsettled open land. However, as the population of the western United States increased in the mid-to-late 19th century, range wars often erupted over the ranchers' perceived rights to graze their cattle as the western range deteriorated with overuse.
In 1934, the Taylor Grazing Act formally set out the federal government's powers and policy on grazing federal lands in the western United States by establishing the Division of Grazing and procedures for issuing permits to graze federal lands for a fixed period of time. The Division of Grazing was renamed the US Grazing Service in 1939 and then merged in 1946 with the General Land Office to become the Bureau of Land Management, which along with the United States Forest Service oversees public lands grazing in 16 western states today.However, grazing was never established as a legal right in the U.S., and the Taylor Grazing Act authorized only the permitted use of lands designated as available for livestock grazing while specifying that grazing permits "convey no right, title, or interest" to such lands. Although the regulations stipulated by the Taylor Grazing Act apply only to grazing on Bureau of Land Management lands, the Chief of the Forest Service is authorized to permit or suspend grazing on Forest Service administered property, and many Forest Service grazing regulations resemble those of the Taylor Grazing Act.
In Dalmatia, judgments about grazing rights are a fundamental part of the jurisprudence. The oldest court verdict in Dalmatia in a court case about grazing rights dates from the 14th century. It is a usufruct of property, which belongs to someone else, or it is a use of a property. Use of someone else's property requires a contract (written or not) about the usufruct. The court may declare parts of the contract as unlawful.
If there is no contract, common law (also called case law) comes to apply. The decisions on who was allowed to judge on grazing rights cases were different in the Middle Ages, which reasoned in tradition and in the natural resources in each area, such as water, meadows, lawns and others. Some peasants wrote their own statute, like Poljica republic in 1440. Also, some dukes wrote together with some peasants their own statute, like Law codex of Vinodol from 1288.
National Forest is a classification of protected and managed federal lands in the United States. National Forests are largely forest and woodland areas owned collectively by the American people through the federal government, and managed by the United States Forest Service, a division of the United States Department of Agriculture.
The Bureau of Land Management (BLM) is an agency within the United States Department of the Interior responsible for administering public lands. With oversight over 247.3 million acres (1,001,000 km2), it governs one eighth of the country's landmass.
In all modern states, a portion of land is held by central or local governments. This is called public land, state land, or Crown land. The system of tenure of public land, and the terminology used, varies between countries. The following examples illustrate some of the range.
Common land is land owned collectively by a number of persons, or by one person, but over which other people have certain traditional rights, such as to allow their livestock to graze upon it, to collect wood, or to cut turf for fuel.
The Sagebrush Rebellion was a movement in the Western United States in the 1970s and the 1980s that sought major changes to federal land control, use, and disposal policy in 13 western states in which federal land holdings include between 20% and 85% of a state's area. Supporters of the movement wanted more state and local control over the lands, if not outright transfer of them to state and local authorities and/or privatization. As much of the land in question is sagebrush steppe, supporters adopted the name "Sagebrush Rebellion."
Federal lands are lands in the United States owned by the federal government. Pursuant to the Property Clause of the United States Constitution, the Congress has the power to retain, buy, sell, and regulate federal lands, such as by limiting cattle grazing on them. These powers have been recognized in a long line of U.S. Supreme Court decisions.
The Taylor Grazing Act of 1934 is a United States federal law that provides for the regulation of grazing on the public lands to improve rangeland conditions and regulate their use.
The Kinkaid Act of 1904 is a U.S. statute that amended the 1862 Homestead Act so that one section of public domain land could be acquired free of charge, apart from a modest filing fee. It applied specifically to 37 counties in northwest Nebraska, in the general area of the Nebraska Sandhills. The act was introduced by Moses Kinkaid, Nebraska's 6th congressional district representative, was signed into law by President Theodore Roosevelt on April 28, 1904 and went into effect on June 28 of that year.
The United States Grazing Service was a part of the United States Department of the Interior that managed grazing lands and carried out the Taylor Grazing Act, which leased public land for grazing. It was later merged with the General Land Office to form the Bureau of Land Management.
Revised Statute 2477 was enacted by the United States Congress in 1866 to encourage the settlement of the Western United States by the development of a system of highways. Its entire text is one sentence: "the right-of-way for the construction of highways across public lands not otherwise reserved for public purposes is hereby granted."
Kleppe v. New Mexico, 426 U.S. 529 (1976), was a United States Supreme Court decision that unanimously held the Wild and Free-Roaming Horses and Burros Act of 1971, passed in 1971 by the United States Congress to protect these animals from "capture, branding, harassment, or death", to be a constitutional exercise of congressional power. In February 1974, the New Mexico Livestock Board rounded up and sold 19 unbranded burros from Bureau of Land Management (BLM) land. When the BLM demanded the animals' return, the state filed suit claiming that the Wild Free-Roaming Horses and Burros Act was unconstitutional; claiming the federal government did not have the power to control animals in federal lands unless they were items in interstate commerce or causing damage to the public lands.
The Forest Service Organic Administration Act of 1897 provided the main statutory basis for the management of forest reserves in the United States, hence the commonly used term "Organic Act". The legislation's formal title is the Sundry Civil Appropriations Act of 1897, which was signed into law on June 4, 1897, by President William McKinley.
New York ex rel. Cutler v. Dibble, 62 U.S. 366 (1858), was a companion case to the more well-known Fellows v. Blacksmith (1857). At the time Fellows was decided, this case had reached the U.S. Supreme Court but had not yet been argued.
A ranch is an area of land, including various structures, given primarily to the practice of ranching, the practice of raising grazing livestock such as cattle and sheep most often applies to livestock-raising operations in Mexico, the Western United States and Western Canada, though there are ranches in other areas. People who own or operate a ranch are called ranchers, cattlemen, or stockgrowers. Ranching is also a method used to raise less common livestock such as horses, elk, American bison or even ostrich, emu, and alpaca.
The Wild and Free-Roaming Horses and Burros Act of 1971 (WFRHBA), is an Act of Congress, signed into law by President Richard M. Nixon on December 18, 1971. The act covered the management, protection and study of "unbranded and unclaimed horses and burros on public lands in the United States."
United States v. Grimaud, 220 U.S. 506 (1911), was a case argued before the Supreme Court of the United States. The case tested the constitutionality of the Forest Reserve Act of 1891, which delegated to the Secretary of the U.S. Department of Agriculture the power to make rules and regulations regarding the use of federal Forest Service lands and to punish violations of these rules as a criminal offense. The Court ruled, after a reargument, that such a delegation of rulemaking power was permissible because it was separate from true legislative power.
In the Western United States and Canada, open range is rangeland where cattle roam freely regardless of land ownership. Where there are "open range" laws, those wanting to keep animals off their property must erect a fence to keep animals out; this applies to public roads as well. Land in open range that is designated as part of a "herd district" reverses liabilities, requiring an animal's owner to fence it in or otherwise keep it on the person's own property. Most eastern states and jurisdictions in Canada require owners to fence in or herd their livestock.
The 2014 Bundy standoff was an armed confrontation between supporters of cattle rancher Cliven Bundy and law enforcement following a 21-year legal dispute in which the United States Bureau of Land Management (BLM) obtained court orders directing Bundy to pay over $1 million in withheld grazing fees for Bundy's use of federally owned land adjacent to Bundy's ranch in southeastern Nevada.
Grazing rights in Nevada covers a number of rangeland Federal and state laws and regulations applicable to the state of Nevada. Rangelands are distinguished from pasture lands because they grow primarily native vegetation, rather than plants established by humans. Ranchers may lease or obtain permits to use portions of this public rangeland and pay a fee based on the number and type of livestock and the period for which they are on the land.
California Coastal Comm'n v. Granite Rock Co., 480 U.S. 572 (1987), is a United States Supreme Court case addressing the question of whether United States Forest Service regulations, federal land use statutes and regulations, or the Coastal Zone Management Act of 1972, preempt the California Coastal Commission's imposition of a permit requirement on operation of an unpatented mining claim in a national forest. The court ruled that even if federal land is not included in the Coastal Zone Management Act's interpretation of "coastal zone," the act does not automatically preempt all state regulation of activities on federal lands.