#QUITVOLUNTEERING Questions as should be Framed for the Court by the Parties in land title/patent disputes... [IMO]... 1. Does the constitutional test for determining whether private land is open for title purposes require a trial court to determine, based on evidence, whether the relevant land was open and free at the time the State joined the Union or may the court simply deem the land open as a whole generally used based on evidence of present-day State, public or recreational use, with the question "very liberally construed" in the State's favor? 2. When land is titled under the Real Estate laws, a process that includes an economic analysis of the land and solicits State input, and the municipality [foreign trade zone] has obtained easements from private parties and paid substantial rents to the federal government [foreign trade zone grantee] on the understanding that the lands under the title are owned by those private parties or the federal government, is a State's attempt retroactively to claim title and impose tens of millions of back and future rent obligations for use of the lands preempted? One must distinguish if the dispute is that of title or regulation and whether one preempts the other OR if there something that preempts both - such as equity... ;) [see; Equal Footing Doctrine - excellent caselaw here - https://www.law.cornell.edu/supct/cert/10-218]

Posted by El Hotepsekhemwy Pero at 2020-11-26 07:42:02 UTC