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re: BLM now taking land from TX rancher....but he owns his land - UPDATED
Posted on 4/16/14 at 9:53 am to CptBengal
Posted on 4/16/14 at 9:53 am to CptBengal
This actually seems more of a dispute between two states and application of pretty standard accretion v. avulsion...pretty standard among states that accretion belongs to the owner of the bank that is accreting and the landowner losing land to erosion simply loses it while avulsion doesn't change ownership.
Simply if Henderson has a deed from TX for TX lands he can't own lands that are in OK. So once the border dispute is finalized between TX and OK then a portion of what he thought were his TX lands may be OK lands to which he does not have a deed. Then it appears that those lands in OK are owned or claimed by the BLM - fed lands. Henderson has no beef with the BLM if the land ends up in OK, they didn't take it from him...the resolution of the state border dispute will be the culprit.
Simply if Henderson has a deed from TX for TX lands he can't own lands that are in OK. So once the border dispute is finalized between TX and OK then a portion of what he thought were his TX lands may be OK lands to which he does not have a deed. Then it appears that those lands in OK are owned or claimed by the BLM - fed lands. Henderson has no beef with the BLM if the land ends up in OK, they didn't take it from him...the resolution of the state border dispute will be the culprit.
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