4 ms·

Actually, it's entirely possible. I have friends out in California who still have Spanish land grants that predate the US and California statehood. They have su

Actually, it's entirely possible. I have friends out in California who still have Spanish land grants that predate the US and California statehood. They have successfully prosecuted their rights (eg water) again & again. For example, see the section about the Treaty of Guadalupe Hidalgo on this wiki page: https://en.m.wikipedia.org/wiki/Ranchos_of_California https://en.m.wikipedia.org/wiki/Ranchos_of_California

PaulDavisThe1st 4y ago
The treaty has not been fully followed, even according to the US government. https://www.gao.gov/products/gao-04-59 https://www.gao.gov/products/gao-04-59 Here in NM, a significant number the original Spanish land grants were ignored and replaced by new grants to (generally) Anglo owners. Fortunately, some of them were sufficiently cogniscent of the paradox of colonialism overriding colonialism that the new grantees re-issued (smaller) grants back to the owners under Spanish or Mexican law. Ironically, there were also some Spanish land grants that took so long to process, Mexico had already declared independence from Spain before the legal process was complete, and this left a number of them in a strange form of legal limbo at the time of the treaty.
- Slava_Propanei 4y ago
ghaff 4y ago
See also Dartmouth College v. Woodward argued for Dartmouth by none other but Daniel Webster. Among other things Supreme court chief justice "Marshall concluded that Dartmouth’s [royal] charter constituted a contract and that New Hampshire had violated this contract in attempting to replace the original trustees." https://www.mtsu.edu/first-amendment/article/729/dartmouth-college-v-woodward https://www.mtsu.edu/first-amendment/article/729/dartmouth-c...
deleted 4y ago
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retrac 4y ago
Yes, generally the laws in effect before a colony or territory became a US state remained the same after they became US states. Contracts signed before statehood remained valid after. Property deeds remained valid. The criminal laws remained in effect. And so on, at least until amended by the new state legislature. Doing anything else would just be chaos, really. Louisiana is another example; its legal system has a distinctly French character to this day.

PaulDavisThe1st 4y ago

The treaty has not been fully followed, even according to the US government. https://www.gao.gov/products/gao-04-59 https://www.gao.gov/products/gao-04-59 Here in NM, a significant number the original Spanish land grants were ignored and replaced by new grants to (generally) Anglo owners. Fortunately, some of them were sufficiently cogniscent of the paradox of colonialism overriding colonialism that the new grantees re-issued (smaller) grants back to the owners under Spanish or Mexican law. Ironically, there were also some Spanish land grants that took so long to process, Mexico had already declared independence from Spain before the legal process was complete, and this left a number of them in a strange form of legal limbo at the time of the treaty.

Slava_Propanei 4y ago

ghaff 4y ago

See also Dartmouth College v. Woodward argued for Dartmouth by none other but Daniel Webster. Among other things Supreme court chief justice "Marshall concluded that Dartmouth’s [royal] charter constituted a contract and that New Hampshire had violated this contract in attempting to replace the original trustees." https://www.mtsu.edu/first-amendment/article/729/dartmouth-college-v-woodward https://www.mtsu.edu/first-amendment/article/729/dartmouth-c...

deleted 4y ago

[deleted]

retrac 4y ago

Yes, generally the laws in effect before a colony or territory became a US state remained the same after they became US states. Contracts signed before statehood remained valid after. Property deeds remained valid. The criminal laws remained in effect. And so on, at least until amended by the new state legislature. Doing anything else would just be chaos, really. Louisiana is another example; its legal system has a distinctly French character to this day.