Land Grant

A legislative appropriation of a portion of the public domain either for charitable or eleemosynary purpose, or for the promotion of the construction of a railroad or other public work. Although the public lands of the United States and of the various states have been to a great extent conveyed by deeds or and were the usual method of transfer during the colonial period. See 3 Wash. R. P. 181: 4 Kent 450, 494; Johnson v. Mc Intosh, 8 Wheat. (U. S.) 643, 5 L. Ed. 681. It is always to be borne in mind in construing a congressional grant that the act by which it is made is a law as well as a conveyance, and that such effect must be given to it as will carry out the intent of congress; and this intent should not be defeated by applying to the grant the common-law rule making grants applicable only to transfers between private parties; Missouri, K. & T. R. Co. V. R. Co., 97 U. S. 491, 24 L. Ed. 1,095. To ascertain that intent courts will look to the condition of the country at the time of making the grants, as well as the purpose of the grants as expressed on their face; Winona & St. P. R. Co. v. Barney, 113 U. S. 618, 5 Sup. Ct. 606, 28 L. Ed. 1109. All government grants are to be strictly construed against the grantees. Nothing passes but what is conveyed in clear and explicit language, and nothing can be implied; Dubuque & P. R. Co. v. Litchfleld, 23 How. (U. S.) 66, 16 L. Ed. 500; Pennsylvania R. Co. V. Ry. Co., 23 N. J. Eq. 441; Leavenworth, L. & G. R. Co. v. U. S., 92 U. S. 733, 23 L. Ed. 634. Technical words of conveyancing are not required; Shaw v. Kellogg, 170 U. S. 341, 18 Sup. Ct. 632, 42 L. Ed. 1050. The grant of lands to a state in aid of a railroad does not Interfere with the settlement of the lands granted, but otherwise of a grant to a railroad; St. Joseph & D. C. R. Co. V. Baldwin, 103 U. S. 426, 26 L. Ed. 578. The provisions of various acts of congress that the land-grant railroads “shall be and remain a public highway for the use of the government, free from all toll or other charge for tran.sportation of any property or troops of the United States,’’ mean that the government may use the roads, with all fixtures and appurtenances, but, not that it may compel the roads to tran.sport property and troops without* compensation; Lake Superior & M. R. Co. v. U. S., 12 Ct. Cl. 35. Such a railroad is under a perpetual contract made by the Land Grant Act of May 17, 1856, to carry the mails at such rates as congress may by law direct or the postmaster-general determine; Jacksonville, P. & M. R. Co. V. U. S., 21 Ct, Cl. 163. Priority of grant settles the title of the railroad where the claims conflict and not the priority in filing maps of definite location; U. S. V. R. Co., 146 U. S. 570, 13 Sup. Ct. 152, 36 L. EM. 1091; and when grants are made to two railroads, none of the land passes to the second which comes within the prospective rights of the first; U. S. v. Lime Co., 146 U. S. 615, 13 Sup. Ct 163, 36 L. Ed. 1104. direction of the secretary of the Interior;

A donation of public lands to a subordinate government, a corporation, or an individual; as, from the United States to a state, or to a railroad company to aid in the construction of its road.

Defined under Land in Black's Law Dictionary.