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. President Harry S. Truman created the BLM in 1946 by combining two existing agencies: the General Land Office and the Grazing Service. The agency manages the federal government's nearly 700 million acres (2,800,000 km2) of subsurface mineral estate located beneath federal, state and private lands severed from their surface rights by the Homestead Act of 1862. Most BLM public lands are located in these 12 western states: Alaska, Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington and Wyoming.
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.
The General Land Office (GLO) was an independent agency of the United States government responsible for public domain lands in the United States. It was created in 1812 to take over functions previously conducted by the United States Department of the Treasury. Starting with the passage of the Land Ordinance of 1785, which created the Public Land Survey System, the Treasury Department had already overseen the survey of the "Northwest Territory", including what is now the state of Ohio.
The Sagebrush Rebellion was a movement in the western United States during the 1970s and 1980s that sought major changes to federal land control, use, and disposal policy in thirteen western states, where federal land holdings include between 20% and 85% of a state's area. Supporters of this movement wanted more state and local control over these 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 citizens of the United States. They are held in public trust and managed 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 Upper Missouri River Breaks National Monument is a national monument in the western United States, protecting the Missouri Breaks of north central Montana. Managed by the Bureau of Land Management (BLM), it is a series of badland areas characterized by rock outcroppings, steep bluffs, and grassy plains; a topography referred to as "The Breaks" by locals.
The National Wilderness Preservation System (NWPS) of the United States protects federally managed wilderness areas designated for preservation in their natural condition. Activity on formally designated wilderness areas is coordinated by the National Wilderness Preservation System. Wilderness areas are managed by four federal land management agencies: the National Park Service, the U.S. Forest Service, the U.S. Fish and Wildlife Service, and the Bureau of Land Management. The term "wilderness" is defined as "an area where the earth and community of life are untrammeled by man, where man himself is a visitor who does not remain" and "an area of undeveloped Federal land retaining its primeval character and influence, without permanent improvements or human habitation, which is protected and managed so as to preserve its natural conditions." As of 2019, there are 803 designated wilderness areas, totaling 111,368,221 acres (45,069,120 ha), or about 4.5% of the area of the United States.
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 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.
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.
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.
Management of free-roaming feral and semi-feral horses, on various public or tribal lands in North America is accomplished under the authority of law, either by the government of jurisdiction or efforts of private groups. In western Canada, management is a provincial matter, with several associations and societies helping to manage wild horses in British Columbia and Alberta. In Nova Scotia and various locations in the United States, management is under the jurisdiction of various federal agencies. The largest population of free-roaming horses are found in the Western United States, where most of them are protected under the Wild and Free-Roaming Horses and Burros Act of 1971 (WFRH&BA), and their management is primarily undertaken by the Bureau of Land Management (BLM), but also by the U. S. Forest Service (USFS)
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.