Hostname: page-component-848d4c4894-4hhp2 Total loading time: 0 Render date: 2024-05-08T00:53:52.360Z Has data issue: false hasContentIssue false

“Government Contests” Before the Administrative Tribunals of the Land Department1

Published online by Cambridge University Press:  02 September 2013

Philip P. Wells
Affiliation:
Washington, D. C.

Extract

By administrative adjudication is usually meant the exercise of quasi-judicial functions upon and in the control of vested property rights, or personal rights secured by constitutional guaranties. It often accompanies and effectuates regulative power of a quasi-legislative nature. A large measure of this quasi-legislative power has been given to the departments and bureaus dealing with the lands of the United States, but the enforcement of such regulations, insofar as they affect rights of person or vested rights of property, is chiefly by process of the regular courts. Thus the regulation of the occupancy and use of lands reserved for national forests is entrusted to the secretary of agriculture. His regulations usually prohibit acts that were theretofore innocent and customary though not vested rights. Sometimes they restrict the use of land in which there exists a vested private right of use for a particular purpose only, but the restriction does not affect the right itself.

Type
Research Article
Copyright
Copyright © American Political Science Association 1916

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

1 A paper read at the annual meeting of the American Political Science Association in Washington, D. C., December 29, 1915.