pre-emption right
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 50 U.S. 314 - Lytle v. the State of Arkansas · 1850Most cited · 110 citing opinions
The claim of a pre emption is not that shadowy right which by some it is considered to be. Until sanctioned by law, it has no existence as a substantive right. But when covered by the law, it becomes a legal right, subject to be defeated only by a failure to perform the conditions annexed to it. It is founded in an enlightened public policy, rendered necessary by the enterprise of our citizens. The adventurous pioneer, who is found in advance of our settlements, encounters many hardships, and not unfrequently dangers from savage incursions. He is generally poor, and it is fit that his enterprise should be rewarded by the privilege of purchasing the favorite spot selected by him
How often courts cite the cases defining “pre-emption right”
Court decisions citing the 2 opinions that defined “pre-emption right” — 123 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.
All 2 definitions, chronological · 1850–1913
To create a right of pre-emption there must be settlement, inhabitation, and improvement by the pre-emptor,—conditions which cannot be met when land is in the possession of another.
requirements