Abbott challenges Obama administration claim of Texas land along Red River

Breitbart:
After Breitbart Texas reported on the U.S. Bureau of Land Management’s (BLM) intent to seize 90,000 acres belonging to Texas landholders along the Texas/Oklahoma line, Texas Attorney General Greg Abbott questioned the BLM’s authority to take such action.

“I am about ready,” General Abbott told Breitbart Texas, “to go to go to the Red River and raise a ‘Come and Take It’ flag to tell the feds to stay out of Texas.”

Gen. Abbott sent a strongly-worded letter to BLM Director Neil Kornze, asking for answers to a series of questions related to the potential land grab.

“I am deeply concerned about the notion that the Bureau of Land Management believes the federal government has the authority to swoop in and take land that has been owned and cultivated by Texas landowners for generations,” General Abbott wrote. “The BLM’s newly asserted claims to land along the Red River threaten to upset long-settled private property rights and undermine fundamental principles—including the rule of law—that form the foundation of our democracy. Yet, the BLM has failed to disclose either its full intentions or the legal justification for its proposed actions. Decisions of this magnitude must not be made inside a bureaucratic black box.”

In an exclusive interview with Breitbart Texas, General Abbott said, “This is the latest line of attack by the Obama Administration where it seems like they have a complete disregard for the rule of law in this country ...And now they’ve crossed the line quite literally by coming into the State of Texas and trying to claim Texas land as federal land. And, as the Attorney General of Texas I am not going to allow this.”

Abbott challenged the BLM director directly stating in his letter, “Nearly a century ago, the U.S. Supreme Court determined that the gradient line of the south bank of the Red River—subject to the doctrines of accretion and avulsion—was the boundary between Texas and Oklahoma. Oklahoma v. Texas, 260 U.S. 606 (1923). More recently, in 1994, the BLM stated that the Red River area was “[a] unique situation” and stated that ‘[t]he area itself cannot be defined until action by the U.S. Congress establishes the permanent state boundary between Oklahoma and Texas.’ Further, the BLM determined that one possible scenario was legislation that established the ‘south geologic cut bank as the boundary,’ which could have resulted ‘in up to 90,000 acres’ of newly delineated federal land. But no such legislation was ever enacted.”
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There is much more.

Abbott is challenging the claim on relatively recent court cases as well as congressional recognition of those ruling.  I would go back even further to when Texas was admitted into the US as a state.  At the time the Republic of Texas had a national debt which it asked the US to assume in return for Republic owned lands within Texas.  The US declined and all of those lands became state owned.  It was a fortuitous move for Texas because some of that land included the Permian Basin with all of its oil riches.   But the point is the US government has no legal claim on any land in Texas.  It waived it when Texas became a state.

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