No. 21-530

Thomas C. Donald v. James P. Kimberley, et ux.

Lower Court: Alabama
Docketed: 2021-10-13
Status: Denied
Type: Paid
Response Waived
Tags: boundary-lines due-process federal-land-patent land-patent land-survey property-law public-land real-property-law supremacy-clause title-43-usc-752
Key Terms:
DueProcess Patent JusticiabilityDoctri
Latest Conference: 2021-12-10
Question Presented (AI Summary)

Is it a violation of Title 43 U.S.C. § 752 for the location of the boundary of a Section of land to be changed from the location according to the 'Official Plat of the Survey of the Land returned to the General Land Office by the Surveyor General', as stated in the patent of the land granted by the United States, to a different location established by the Judicial System of Alabama?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW When the United States conveys ownership of public land to a person, it does so with a land patent in which the conveyed land is described by the Section in which it lies. The location of the Section is defined ~ by the last survey of the land, in accordance with _ Title 43 U.S.C. § 752, conducted while the land is : still public land. This statute states, in part, that: “The boundary lines, actually run and marked in the surveys returned by the Secretary of the ‘ Interior or such agency as he may designate, shall be established as the proper boundary lines of the sections, or subdivisions, for which they were intended, and the length of such lines as returned, shall be held and considered as the true length thereof.” Is it a violation of Title 43 U.S.C. § 752 for the : location of the boundary of a Section of land to be changed from the location according to the “Official Plat of the Survey of the Land returned to the General Land Office by the Surveyor General”, as stated in the patent of the land granted by the United States, to a oe different location established by the Judicial a System of Alabama? , Title 43 U.S.C. § 752 is binding upon the Judicial System of Alabama by the Supremacy Clause (ArtVI.C2.1.1.1) and by the Due Process Clause (U.S. i Const. amend. XIV, § 1) and by decisions of the Federal Courts. This is a fundamental question in real property law in the United States.

Docket Entries

2021-12-13
Petition DENIED.
2021-11-23
DISTRIBUTED for Conference of 12/10/2021.
2021-11-16
Waiver of right of respondent James C., et ux Kimberley to respond filed.
2021-09-09
Petition for a writ of certiorari filed. (Response due November 12, 2021)

Attorneys

James C., et ux Kimberley
Robert B. French Jr.Robert B. French, Jr., P.C., Respondent
Thomas C. Donald
Thomas C. Donald — Petitioner