Land commissioner

“ Whenever any remnant of public land shall be disposed of, the commissioner of public lands shall first offer it to the abutting landowner for a period of three months at a reasonable price in no event to be less than the fair market value of the land to be sold, to be determined by a disinterested appraiser or appraisers, but not more than three, to be appointed by the governor ”

“ As agent for this Government, that I know desires to deal fairly with this people, now I ask and urge that a commissioner may be appointed to come here and settle all land titles, give these people from ten to twenty acres of available land with water for homes, tools to work with, and enforce attendance in school until every child has secured a common English education. In this way we can soon make some return for the lands we have driven them from, and make them self-supporting, intelligent, local citizens. ”

“ The Commissioner may include in any patent, agreement, or lease a condition requiring the inclusion of the land in any irrigation project formed or to be formed by the Territorial agency responsible therefor and making the land subject to assessments made or to be made for such irrigation project, which assessment shall be a first charge against the land. ”

“ The local unit has applied to the commissioner on forms prescribed by him describing the land acquisition for which a grant is sought, stating the recreation and conservation purpose or purposes to which such lands will be devoted, stating the facts which give rise to the need for such lands for such purpose, enclosing a comprehensive plan for the development of the local unit approved by its governing body, and stating such other matters as the commissioner shall prescribe ”

“ The legislature shall have power to authorize the state board of land commissioners to exchange granted or acquired lands of the state on an equal value basis for other lands under agreement with the United States, local units of government, corporations, companies, individuals, or combinations thereof. ”

“ It is to be observed that the three Estates Commissioners were unanimous in thinking compulsion necessary, and that which was demanded was that the occupants, or planters, who in some cases have been bona fide farmers, but whom the Land Commission inspectors reported had in many cases allowed the land to get into a bad and dirty state, should, on dispossession, be generously compensated or given their choice of other lands. ”

“ It also gives power to the Commissioners to purchase untenanted lands for the purpose of enlarging holdings and of creating new holdings, and to enable this work to be carried out satisfactorily, the Land Commission is given all the powers conferred on the Congested Districts Board by their Act of 1901 for facilitating re-sales of land. ”

“ The lands granted the State for institutions by the enabling act amounted to 2,350,000 acres, and by the terms of the act they were to be selected by a commission composed of the governor, the surveyor general, or some other person acting with the authority of that officer, and the attorney general. To meet the requirements of the law the chairman of the State land commission has performed the duties of the surveyor general. ”

“ That the respective claimants shall give in their claims to the said commissioners, on or before the 1st day of April 1784, and, if approved and allowed, shall pay down to the commissioners, one dollar for every hundred acres of land, such claim, to enable them to survey and apportion the said lands. The said commissioners shall appoint a principal surveyor, who shall have power to appoint his deputies, to be approved by the said commissioners, and to contract with him for his fees. ”

“ I do not think that much complaint can be made with regard to the administration of the Enclosure Acts since 1876 by the Board of Agriculture. By the provision of adequate allotment grounds and recreation grounds compensation is made to those villagers who can claim no specific rights of common; and though no doubt many of the owners of single common rights are dissatisfied with the plots of land assigned to them, there seems to be no reason for doubting that the Commissioners appointed have endeavoured to deal with rich and poor with equal fairness. ”

“ There shall be allotted to each citizen one hundred and sixty acres of land boundaries to conform to the government survey-which may be selected by him so as to include improvements which belong to him.' While citizens were thus permitted to make their selections for the purpose of retaining improvements, it seems clear that in case any citizen failed to avail himself of this right, it was permissible for the Commission to make the allotment. ”

“ It is therefore {117} best to confine oneself to Acts of Parliament and official documents while realising that the more a State extends its sphere of action, the more are its Ministers subject to political pressure and tempted to maintain themselves in office by a misuse of the possibilities of patronage. The disposal of Crown Lands is vested in Local Land Boards, which consist of the Commissioners of Crown Lands for the district, and of not less than two nor more than four members appointed for two years, but removable from time to time by warrant under the hand of the Governor. ”