LAND AHOY©
Rapid City, South Dakota, Law Lectures
July 2005
By Judge Navin-Chandra Naidu
Grasp the meaning of this word and you will gasp at what the government did, and still does with no regard to the rule of law or the role of justice because it has POLICE POWER better than that which the Native Americans or People can muster.
That magic word is seisin which means, “possession of real property under claim of freehold estate.”
Once the original landholder was promised protection and security, the “protector” (government) gave itself a carte blanche, a free hand in writing any law they wanted to “own” the land by talking “possession” of it.
From this word “seisin,” the magic wand was waved” when an immeasurable number of laws were written and enforced to sequester aboriginal land and titles. The stage was set. The plan was set in motion. The trick was to get the Indian chiefs to agree to sign treaties always written in the English Language which translators bent in favor of the federal government to the obvious disadvantage and detriment of the Indian chiefs. But nobody could fool the great Standing Rock who spoke several languages as did Alexander McGivillary of the Creek, and Chief Little Shell of the Pembina Tribe.
Over the years beginning with the Magna Carta of 1215, the “legal fraud” was unleashed on an unsuspecting community of people who tilled the soil and cared for their lands. The settlers overwhelmed the Indian population when they came in great herds and hordes to hoard Indian land in North America (Canada and the USA – Indian country).
Remember that a right is a legally enforceable interest in a court of law, NOT a court of equity. But, power needs no court acknowledgment or validation. Power defeats a right in a zero contest.
With power choking the life out of rights, the government came up with the following cute, crafty, clever, crass and crude classifications to ensure zero complaints flowed in from the citizenry or the Native Americans:
Accommodation lands : land bought by a builder or speculator, who erects houses thereon, and then leases portions thereof upon an improved ground-rent. The speculator always knows the mayor of the city and the governor of the state. Usually, the builder is financially rock-solid, so he easily obtains licenses from the government to lease out portions with a subtle nod from the speculator. Business as usual. Do not try a Serpico stunt. He makes sure the campaign contributions’ faucet is always turned in the “ON” position. Mayors and governors never fail to invite these permanent guests to their parties. Often, a lawyer’s name is whispered into the governor’s ears, and, lo and behold a federal judge is appointed.
Allodium: Land held absolutely in one’s own right free from any lord or superior UNTIL power comes to take away that right. If you got to claim a right, that is NO right at all.
Bounty lands: Public lands donated to people who rendered military service. How many servicemen and women have received this “gift” in the U.S.A.? Vietnam, Korea, Gulf War vets, anyone you know? They can demand it. All the Vets IF they knew this law. Cute, eh ?
Certificate lands: Post-revolutionary soldiers were allowed to use the certificates they received in lieu of pay to purchase lands in the western part of Pennsylvania only.
Crown lands: The demesne lands of the Crown in England and Canada personally owned by the Crown (Monarch), or to the government. What a chore helping itself to any land it wants.
Demesne lands: Held in one’s own right, and not of a superior; not allotted to tenants. Very close in meaning to aboriginal title and allodium.
Donation lands: Post-revolution donation of lands to soldiers in Pennsylvania similar to certificate lands.
Fabric lands: lands given towards the maintenance, rebuilding, or repairing of cathedral and other churches.
Indemnity lands: Lands granted to railroad companies.
Land grant: A donation of public lands from the federal government to a subordinate government, corporation or individual.
Land patent: A document of title issued by a government for the conveyance of some portion of the public domain.
Mineral lands: Lands evidencing mineral deposits which the government issues licenses to mining operations.
Mortgage lands.
Place lands: Lands granted which were within certain limits on each side of the road, and which became instantly fixed by the adoption of the line of the road. A speculator or investor could make millions if there was lumber abounding. Example, the Weyerhauser corporation in the State of Washington.
Public lands: The general public domain claimed by the federal government as theirs to donate, sell, purchase, exchange, barter, or otherwise dispose off as they will and wish.
Reconveyance lands.
School lands: lands set aside and apart for the maintenance of public schools.
Seated land: Land that is occupied, cultivated, improved, reclaimed, farmed, or used as a place of residence. Came into vogue following the Homestead Act where settlers were freely given aboriginal land.
Swamp and overflowed lands: Unfit for agriculture, requiring drainage or reclamation to make them beneficial for use.
Tide lands: Land covered and uncovered by water by the ordinary ebb and flow of normal tides. If you own these lands you may come under maritime jurisdiction.
REAL, LAWFUL AND LEGITIMATE LAND OWNERSHIP IS GOVERNED BY THE DOCTRINE OF USUCAPION (ownership due to lengthened possession).
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