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| Land was granted by the Spanish during the colonial period, 1769-1821. Beginning in 1822, Mexico granted land. This process ended after the conclusion of the Mexican-American War. In 1848, governance passed to the United States and a commission was established in 1852 to process the claims. The system of governance needed to include the adjudication of private land claims (PLCs) that originate when a foreign government grants land in areas that later comes under jurisdiction of the United States. Settlers desired to retain these lands and wanted their ownership recognized by the new government. The treaty of Guadalupe Hidalgo ended the war and guaranteed the land rights of existing settlers.<ref>''California Land and Property'' by Richard G. Sayre, CG, CGL, FUGA, 2022; used with permission</ref> | | Land was granted by the Spanish during the colonial period, 1769-1821. Beginning in 1822, Mexico granted land. This process ended after the conclusion of the Mexican-American War. In 1848, governance passed to the United States and a commission was established in 1852 to process the claims. The system of governance needed to include the adjudication of private land claims (PLCs) that originate when a foreign government grants land in areas that later comes under jurisdiction of the United States. Settlers desired to retain these lands and wanted their ownership recognized by the new government. The treaty of Guadalupe Hidalgo ended the war and guaranteed the land rights of existing settlers.<ref>''California Land and Property'' by Richard G. Sayre, CG, CGL, FUGA, 2022; used with permission</ref> |
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| The fight over the rights given by occupancy was a constant battle between the occupiers, the land offices, the state government, the congress, and many others. Settlers held the view that their rights were reflected in the Preemption Act of 1841 (5 Stat. 453). This act was in effect in other public land states. Until private land claims were adjudicated, and the boundaries established by the Surveyor General, the land offices could not grant land effectively, though they did in many cases. Consequently, many of the private land claims litigated involved ejectment requests relating to settlers improperly on rancho land. Congress attempted to deal with this issue with the passage of an Act of 3 March, 1853 to provide for the Survey of the Public Lands in California, the granting of Preemption Rights therein, and other purposes (10 Stat. 244). This confusion and the resulting contests lasted many years. | | The fight over the rights given by occupancy was a constant battle between the occupiers, the land offices, the state government, the congress, and many others. Settlers held the view that their rights were reflected in the Preemption Act of 1841 (5 Stat. 453). This act was in effect in other public land states. Until private land claims were adjudicated, and the boundaries established by the Surveyor General, the land offices could not grant land effectively, though they did in many cases. Consequently, many of the private land claims litigated involved ejectment requests relating to settlers improperly on rancho land. Congress attempted to deal with this issue with the passage of an Act of 3 March, 1853 to provide for the Survey of the Public Lands in California, the granting of Preemption Rights therein, and other purposes (10 Stat. 244). This confusion and the resulting contests lasted many years.<ref>''California Land and Property'' by Richard G. Sayre, CG, CGL, FUGA, 2022; used with permission</ref> |
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| ===Locating the Records=== | | ===Locating the Records=== |
| Land records from this period were widely dispersed and many were lost. In the book, ''Spanish and Mexican Records in the American Southwest'', Henry Putney Beers provides a detailed description of the process of gathering the provincial records in California. The basic records relating to private land grants are the records held by the grantees or claimants and those held by the provincial government. Beers also describes the provincial records relating to Arizona, New Mexico, and Texas.<ref>''California Land and Property'' by Richard G. Sayre, CG, CGL, FUGA, 2022; used with permission</ref> | | Land records from this period were widely dispersed and many were lost. In the book, ''Spanish and Mexican Records in the American Southwest'', Henry Putney Beers provides a detailed description of the process of gathering the provincial records in California. The basic records relating to private land grants are the records held by the grantees or claimants and those held by the provincial government. Beers also describes the provincial records relating to Arizona, New Mexico, and Texas.<ref>''California Land and Property'' by Richard G. Sayre, CG, CGL, FUGA, 2022; used with permission</ref> |
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| Most of the records of the provincial authorities were collected by U.S. military forces in 1846 and 1847. They were eventually deposited with the U.S. Surveyor General for California. Congress passed the Act of May 18, 1858 (11 Stat. 289) that required for the arranging and keeping of the Spanish and Mexican Archives in the office of the U.S. Surveyor General for California. These case files or “expedientes” are what constitute the Spanish Archives. Some were destroyed in the San Francisco fire of 1906. A list of the surviving case files held by the National Archives can be found in the [https://digitalcommons.csumb.edu/hornbeck_usa_2_a/12/ ''Expedientes, California Board of Land Commissioners, Record Group 49: Records of the General Land Office'']. Because so many of these cases were litigated and information copied for the courts, there are alternative sources for the lost records. | | Most of the records of the provincial authorities were collected by U.S. military forces in 1846 and 1847. They were eventually deposited with the U.S. Surveyor General for California. Congress passed the Act of May 18, 1858 (11 Stat. 289) that required for the arranging and keeping of the Spanish and Mexican Archives in the office of the U.S. Surveyor General for California. These case files or “expedientes” are what constitute the Spanish Archives. Some were destroyed in the San Francisco fire of 1906. A list of the surviving case files held by the National Archives can be found in the [https://digitalcommons.csumb.edu/hornbeck_usa_2_a/12/ ''Expedientes, California Board of Land Commissioners, Record Group 49: Records of the General Land Office'']. Because so many of these cases were litigated and information copied for the courts, there are alternative sources for the lost records.<ref>''California Land and Property'' by Richard G. Sayre, CG, CGL, FUGA, 2022; used with permission</ref> |
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| Complicating land title adjudication was the Gold Rush that began in 1848. The influx of people overwhelmed the infrastructure of the area, making governance and settling land titles difficult. Squatters were a significant problem. Statehood came in 1850 and Congress passed the Land Act of 3 March 1851 (9 Stat. 631) creating a Board of Land Commissioners. The board operated for five years and accepted 813 claims and confirmed 514. Congress made the actions of the board appealable to federal courts. The courts adjudicated all but 3 of the 813 claims and approved 604 cases. Many of these claims were appealed to the U.S. Supreme Court. Of the 813 cases, 582 received patents. | | Complicating land title adjudication was the Gold Rush that began in 1848. The influx of people overwhelmed the infrastructure of the area, making governance and settling land titles difficult. Squatters were a significant problem. Statehood came in 1850 and Congress passed the Land Act of 3 March 1851 (9 Stat. 631) creating a Board of Land Commissioners. The board operated for five years and accepted 813 claims and confirmed 514. Congress made the actions of the board appealable to federal courts. The courts adjudicated all but 3 of the 813 claims and approved 604 cases. Many of these claims were appealed to the U.S. Supreme Court. Of the 813 cases, 582 received patents.<ref>''California Land and Property'' by Richard G. Sayre, CG, CGL, FUGA, 2022; used with permission</ref> |
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| The commission was just a screening process for claims. The process was not kind to many of the original grantees. It was complicated, time-consuming, and expensive, and each claim took 17 years on average to adjudicate. The commission and the courts created a body of records filled with genealogical information. As previously mentioned, one more record limitation exists—the earthquake and fire of 1906. Many land records held by the federal government were destroyed including private land claims, other records of grants, and “original” township plat maps. The GLO Washington copies of the township plat maps were copied and provided to the federal district land offices and are online at the [https://glorecords.blm.gov/details/survey/default.aspx?dm_id=39361 General Land Office] website. Also, the court case files for both federal districts in California can be found at the [https://oac.cdlib.org/view?docId=hb109nb422;developer=local;style=oac4;doc.view=items Bancroft Library]. | | The commission was just a screening process for claims. The process was not kind to many of the original grantees. It was complicated, time-consuming, and expensive, and each claim took 17 years on average to adjudicate. The commission and the courts created a body of records filled with genealogical information. As previously mentioned, one more record limitation exists—the earthquake and fire of 1906. Many land records held by the federal government were destroyed including private land claims, other records of grants, and “original” township plat maps. The GLO Washington copies of the township plat maps were copied and provided to the federal district land offices and are online at the [https://glorecords.blm.gov/details/survey/default.aspx?dm_id=39361 General Land Office] website. Also, the court case files for both federal districts in California can be found at the [https://oac.cdlib.org/view?docId=hb109nb422;developer=local;style=oac4;doc.view=items Bancroft Library].<ref>''California Land and Property'' by Richard G. Sayre, CG, CGL, FUGA, 2022; used with permission</ref> |
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| ==Federal and State Records== | | ==Federal and State Records== |