John Marshall Harlan II

Name: Lassen v. Arizona Highway Department — Opinion of the Court
Author: John Marshall Harlan II

Summary

“Lassen v. Arizona Highway Department — Opinion of the Court”, is a work by John Marshall Harlan II. It explores elements such as the United States, trust and Arizona.

Quotes from Lassen v. Arizona Highway Department… (John Marshall Harlan II)

John Marshall Harlan II, Lassen v. Arizona Highway Department…

“ The second issue here is the standard of compensation which Arizona must employ to recompense the trust for the land it acquires. The Land Commissioner's rules provide simply that the State must pay the appraised value, as measured by the State's condemnation statute, of the right of way or material site. The Highway Department urges, and the Arizona Supreme Court held, that nothing need ever be actually paid since it may be conclusively presumed that all highways enhance the value of the remaining trust lands in amounts at least equal to the value of the lands which were taken. ”

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Source: Wikisource

John Marshall Harlan II, Lassen v. Arizona Highway Department…

“ Further, we should not fail to recognize that, were we to require Arizona to follow precisely these procedures, we would sanction an empty formality. There would not often be others to bid for the material sites and rights of way which the State might seek. More important, even if such bidders appeared and proved successful, nothing in the grant would prevent Arizona from thereafter condemning the land which it had failed to purchase; the anticipation of condemnation would leave the auction without any real significance. We cannot see that the trust would materially benefit from this circuity. ”

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Source: Wikisource

John Marshall Harlan II, Lassen v. Arizona Highway Department…

“ It was not supposed that Arizona would retain all the lands given it for actual use by the beneficiaries; the lands were obviously too extensive and too often inappropriate for the selected purposes. Congress could scarcely have expected, for example, that many of the 8,000,000 acres of its grant 'for the support of the common schools,' all chosen without regard to topography or school needs, would be employed as building sites. [7] It intended instead that Arizona would use the general powers of sale and lease given it by the Act to accumulate funds with which it could support its schools. ”

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Source: Wikisource

John Marshall Harlan II, Lassen v. Arizona Highway Department…

“ The constraints imposed by the Act upon the methods by which trust lands may be transferred are few and simple. Section 28, which is reproduced in the Appendix to this opinion, requires, with exceptions inapplicable here, that lands be sold or leased only to 'the highest and best bidder at a public auction to be held at the county seat of the county wherein the lands * * * shall lie * * *.' The section prescribes the terms, form and frequency of the notice which must be given of the auction. It requires that no lands be sold for a price less than their appraised value. ”

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Source: Wikisource

John Marshall Harlan II, Lassen v. Arizona Highway Department…

“ And we think that the more particularized showing of enhancement advocated by the United States, resting as it largely would upon the forecasts of experts which by nature are subject to the imponderables and hazards of the future, also falls short of assuring accomplishment of the basic intendment of Congress. ”

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Source: Wikisource

John Marshall Harlan II, Lassen v. Arizona Highway Department…

“ All lands, leaseholds, timber, and other products of land, before being offered, shall be appraised at their true value, and no sale or other disposal thereof shall be made for a consideration less than the value so ascertained, nor upon credit unless accompanied by ample security, and the legal title shall not be deemed to have passed until the consideration shall have been paid. ”

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Source: Wikisource

John Marshall Harlan II, Lassen v. Arizona Highway Department…

“ The other acreages were granted for the support of agricultural and mechanical colleges, a school of mines, military institutes, the payment of bonds, miners' hospitals, penitentiaries, and similar purposes. ”

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Source: Wikisource

John Marshall Harlan II, Lassen v. Arizona Highway Department…

“ One of the nine, New Mexico, received lands in trust under the very grant in issue here. The Supreme Court of New Mexico has held in closely similar circumstances that actual compensation must be paid to the trust. State ex rel. State Highway Commission v. Walker, 61 N.M. 374, 301 P.2d 317.↑ In addition, the court suggested that the restrictions of the Enabling Act are inapplicable here because the State obtains less than a fee interest. ”

John Marshall Harlan II

Summary

Quotes from Lassen v. Arizona Highway Department… (John Marshall Harlan II)

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