The Vermont lease lands, Part 46

Author: Bogart, Walter Thompson
Publication date: 1950
Publisher: Montpelier, Vermont Historical Society
Number of Pages: 478


USA > Vermont > The Vermont lease lands > Part 46


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Adverse possession of (relation of to statutes of limitations), 158, 161- 162, 222, 229, 275, 275 n. 27; pro- tection from removed, 230, 245, 277 Legal status of, 220, 222, 283; court rulings on, not so ample as with other public rights, 283; different in some respects from that of other rights, 283; in regard to tax exemption, 283


Spiritual Atheneum Society of West Randolph v. Selectmen of Randolph, 191-192


Starksboro v. Hinesburg, 182


State of Vermont, lack of information on lease lands in state offices, 5; Forester, 11 n. 12, 18 n. 38, 69 n. 20, 313; state-local governmental rela- tions, 57; irresponsibility regarding administration of lease lands, 78, 310- 313, 320-321; Board of Education, 85, 86; Treasurer, records of, 85, regard- ing lease lands of Randolph school, 227; Forestry Service, 94-95; Forest,


taking of lease lands for, 176; in po- sition of administrator of lease lands, 227; legislation on state taxes, 238- 240; Superintendent of Education, re- ports of on lease lands, 1875, 301, 1876, 219 n. 88, 1880, 289, 293 n. 96, 1888, 294


State v. Clement National Bank, 210, 211, 323-324


State v. Sylvester, 139


State v. Auclair, 177


Statutes of limitations, 109, 113-114, 121 n. 97, 125, 130, 151-152, 157-163, 200; regarding SPG lands, 158, 161- 162, 222, 229, 275, 275 n. 27, 230, 245, 277, 283; as related to easements, 158-159; ineffective for lease lands, 162; review of by United States court, 222; legislative policy on application of, 226; regarding lease lands, 228- 231, 364-365; relation of to better- ments acts, 231; final act affecting lease lands, in 1854, 231; recommen- dation on relative to lease lands, 326. See also Adverse possession


Statutes, judicial construction of, 144- 146, 159, 173; on taxation, 328 Stearns v. Miller, 194 Stern v. Sawyer, 184


Stevens v. Dewing, 107, 109, 397 Stone, Mason S., 287 n. 77


Story, Justice Joseph, 217, 222, 229, 229 n. 12, 230, 246, 261, 261 n. 135, 263, 283


Strong v. Garfield, 108 Sub-leasing, 96


Superintendent of Education, State, re- ports of on lease lands, 1875, 301, 1876, 291 n. 88, 1880, 289, 293 n. 96, 1888, 294


Surveying, problems of in relation to lease lands, 6, 6 n. 6, 17, 39, 41, 48, 50, 61, 66-70, 73, 170, 406


Swanton, Village of v. Town of High- gate, 140-141


Tax, exempt lands, viii, 1, 11, 60, 74, 79, 80 n. 41, in Wheelock, 75; abate- ment of for lease lands, 208; defi- nitions of, 210; rates, disparity of from lease rent rates, 316-317. See also Taxation


Exemption, 90-91, 125, 134, 204-216; sequestered lands not exempt, 60; court's attitude toward, 101, 193, respecting implied exemption, 323; attitude of United States court toward, 325; in relation to obli- gation of contract, 181, 187; for


455


INDEX


lease lands, dealt with in only one Vermont case, 182-183; related to concept of public use, 199; related to durable leasing, 204; Vermont cases in which lease lands men- tioned, 204; primarily a legislative matter, 204; public attitude toward, 204 n. 114; charter provisions re- specting, 206; perpetual, 206-207, 253; legislation on, 207-208, 212- 213, 240-243, 262 n. 137, 382-384; from proprietors' taxes, 208; from early special taxes, 208; actions of legislature on, 208 ; purpose of, 209; related to public policy, 209; in Wheelock, 209-210; general policy on in Vermont, 212; strict judicial construction of privilege of, 212; legislative policy on, 226, lack of, 242; related to public, pious and charitable uses, 212-213; policy dis- tinguished for lease lands and for other charitable property, 213; re- lated to use of property, 213-214; principles of, 213-216; related to location of property, 214-215; in listers' laws, 239-240 ; by abatement, 239 n. 35; trend away from, 242; for first settled minister right, 262, 305 n. 127; status of SPG right, 283; influence of on tax structure in Vermont, 317-318; inquiry about in 1945 legislative session, 321; opinion on by Attorney General, 322-324


Legislation, court's attitude toward, 187; on assessment of, 195; for un- organized areas, 237; on collection of, 238; early, related to lease lands, 238; on state taxes, 238-240, 378- 380; on county taxes, 380-382


Taxation, 138 n. 166; Commission on Forest, report of, 11 n. 12, 18 n. 38, 271, 275, 299 n. 107, 316 n. 2, n. 3, 317, 317 n. 8; of owner or possessor, 118, 125, 324, 326; of municipally owned utility, 140-141 ; related to pub- lic use, 201; of Gospel lot, 205; of improvements on lease lands, 205; in relation to obligation of contract, 205- 206; power of legislature regarding, 206, 210, as to classification and ex- emption, 210-211, as to taxing property of municipalities, 211, as to taxing property of state, 211; related to pub- lic policy, 206 n. 117; possibility of as to lease lands, 209; recommendation on respecting lease lands, 316 n. 2;


forest, complexity of law of, 317; relation of to effectiveness of 1937 leg- islation on lease lands, 326; court's attitude toward, 328, local, 323, classi- fication, 324. See also Tax


Taxes, Commissioner of, 5, 16, 16 n. 34, 58, 59-60, 75 n. 34, 239 n. 35, 310; report of to legislature on tax ex- emptions, 242; information of on lease lands, 313


Taylor v. Brown, 125


Terminology, problems of respecting lease lands, vii, 3, 4, 9-12, 90-91, 91 n. 54, 321, 322 n. 15, 405


Terrett, et al. v. Taylor, et al., 182, 186, 220 n. 181


Timber, see Forest land


Town, clerk, in relation to lease lands, 83, 86, 87, 295, 296, 237-238, 272; as trustee of lease lands, 150-151, 152, 197, 198, 201; lease lands, 185; treas- urers, in relation to lease lands, 295, 297, 299, 327; reports, condition of, 298, treatment in of first settled min- ister right, 305; proprietors, see Pro- prietors


Charters, Wentworth, 1, 2, 2 n. 2; number of, 12-17, Vermont, 53, judi- cial construction of, 127, validation of by acquiescence, 157; variants in of lease land reservations, 361-362 Schools, 2; legislative fluctuations in policy on, 254-255; legislation on, 254-258


School lands, 3, 18 n. 39, 62, 63, 72, 109-110, 123, 132, 162; conveyance of, 108; in relation to durable leases, 112; as controlled by select- men, 189; in New Hampshire, 219; distribution of avails from, 257-258 ; legislation on, 260, 393-394


Lines, problems of relating to lease lands, 5, 6 n. 6, 14, 50, 71, 95, 113 n. 65, 123 n. 102, 127, 155, 175 n. 320, 187-189, 235, 319; involving distri- bution of avails after incorporation of city, 149-151; as related to obli- gation of contract, 181; inability of legislature to cope with, 186; when new town created, 183; technique of legislation on, 188; legislation on, 225, 368-375 ; as to re-assignment of lease lands, 189; in relation to quality of administration of lease lands, 189


Officers, in relation to lease lands, 60, 78-80, 94, 95, 242; lack of informa- tion of, 5, 6; court's attitude toward,


456


VERMONT LEASE LANDS


189-195 ; legislation on, 237-238, 254, 376-378. See also Listers; Select- men


Administration, report of by Ver- mont Educational Commission, 295- 296; effect of localism on, 301-302; evaluation of, 303; attitude of peo- ple toward, 303


Of lease lands, 295-303 ; as found in review of town reports for 1946, 297-300 ; as to income from Gospel right, 299; evaluation of, 299; in- come from, 301; nature of causes of litigation from, 302-303


Towns, name changes of, 16-17; as units of government in Vermont, 58; lack- ing public lands, 70; with small-sized public shares, 70; having public lands different from charter provisions, 70 ; having lost public .lands, 70; responsi- ble for administration of several classes of public lands, 295; manner of dividing of into severalty, 320. See also Municipal corporations


Townsend v. Downer, 156-157, 160, 164- 165, 167-168


Tracy v. Atherton, 158-159, 160, 168


Treasurer, state, 85, 227; county, 256, 257 n. 110, 260, 262, 304, 311; town, 295, 297, 299, 327


Trustees, of lease lands, lack of interest of, 76-78; power of only to lease, 122, 127 ; power of broadened by 1935 leg- islation, 131-133; town as, 150-151, 152, 197; position of regarding emi- nent domain condemnation, 173, 174; must use trust properly, 182; not supervised effectively, 184-185; pro- tected from recovery under better- ments acts, 232; empowered to re- cover in actions of ejectment, 235; University of Vermont, power of, 273; Diocese, 275-276; grammar school boards, 288; tendency of to make new leases at old rentals, 316; interest of, 317. See also Trusts


Trusts, 117-118, 121, 121 n. 97, 132, 151, 195-199 ; titles of trustees, 122; powers of trustees of broadened, 124; modi- fication of, 127, 128-129, 131, 132-133; public and private distinguished, 131- 132; town as trustee, 132, 150-151, 181, 201, for religious property, 140, 198; legislature as founder of, 132- 133, 187; public lands not trusts in New Hampshire, 136-137 ; beneficiar- ies of, 150-151, 152; as affected by town line changes, 155; consent of all


parties to necessary for change in, 181; in relation to obligation of con- tract, 181; of non-governmental town property, 183, 186, 189, 198; fixed by court in terms of original charter pro- visions, 188-189 ; perpetual and irrev- ocable, 196; inflexibility of, 197; supervision of not required by court, 198; unknown legally at time of grants of glebe, 217; maintenance of required when land conveyed under 1925 act, 227; power to assure' ac- complishment of purpose of retained. by legislature, 287. See also Trustees


Underhill, Town of v. Town of Jericho, 68 n. 18, 187 n. 35


United States Supreme Court, lease land cases in, 216-223, see Pawlet v. Clark; Society for the Propagation of the Gospel v. New Haven and Wheeler ; Society for the Propagation of the Gospel v. Pawlet and Clarke


United States v. United States Fidelity and Guaranty Co., 212


Universalist Society, Fletcher v. Leach, 191


University of Vermont, 72, 72 n. 29, 78, 86-87, 108, 119-122, 123, 128, 133, 160- 161, 161 n. 261, 165-166, 168-169, 169 n. 301, 216, 227, 243-245, 266, 318, 319, 320, 327, 398; administration of lease lands by, 87 n. 49, 266-274, early, 268, negligent, 270-271, leasing prac- tice, 272; legislation on, 243-245, 384- 385; not a true state institution, 244; land office of, 267; 1804 report of to legislature, 268, 270, 270 n. 13, 271; land records of, 269; lease land income of not ascertained, 271; losses by of lease lands, 271 n. 16, 272, 274; conveyance by of lease land, 272; forest lands of, 272; powers of regard- ing lease lands, 273; record of litiga- tion of, 274 ; attitude of court toward, 274; report on condition of, 311-312


University of Vermont v. Carter, 91 n. 53, n. 54, 168-169


University of Vermont v. Joslyn, 109, 146, 160-161


University of Vermont v. Reynolds, 78, 127, 165-166, 167, 168, 172, 197 n. 78, 200, 209, 274, 274 n. 23, n. 24


University of Vermont v. Ward, 78, 87 n. 48, 100 n. 2, 105, 105 n. 14, 106, 113 n. 70, 119-122, 123, 125, 138, 139, 142, 142 n. 183, 145, 196, 273 n. 21, 324, 397-399


Unorganized areas, governmental ad-


457


INDEX


ministration in, 15-16; legislative pro- visions for first settled minister lot in, 162; legislation on, 236-237; pro- vision for education of children living in, 256-257. See also Gores


Use, public, pious and charitable, see Public, pious and charitable use


Vermont, towns, public rights in, 2; period of independence of, 36-37, 36 n. 39; character of people of, 92-97; doctrine of durable leases, 105-106; State Forest, 176; general policy of regarding tax exemptions, 212; diffi- culties of in supporting and admin- istering common schools, 255; local influence on administration in, 301- 302; University of, see University of Vermont


Boundaries of, with New Hampshire, 5 n. 6, 21; agreement on with New York, 45, 53


Land grants, 14, 14 n. 28, 15, 50-51, 53, 67, 68, 70-71, 72; re-grants, 50 Government, conditions of, 47-48, under New York, 45-47, under New Hampshire, 46, 46 n. 64, under Ver- mont, 47, 48-50, 51-53; state-local relations of, 57; units of, counties, 57, cities, 57-58, villages, 57-58, towns, 58, school districts, 58 n. 96; state, 58


Educational Commission, report of, 288 n. 79, n. 80, 293-294, 295-296, 301, 302 n. 119, 303, 327 ; experience of with town officers and town records, 297


Vermont Hydro-Electric Corp. v. Dunn, 173-174


Vermont, State of v. State of New Hampshire, 5 n. 6, 13, 21 n. 1, 25 n. 13


Victory v. Wells, 151-152, 155 n. 239, 162, 167, 186 n. 31, 197 n. 78, 200


Walloomsack patent, 29, 33, 35 n. 34, 41, 43, 45


Warranty deed to lease land, voided by court, 108


Washington County Grammar School, 59-60, 59 n. 1, 64 n. 9, 82 n. 44, 85,


88; character of evolution of, 290-291 Water Conservation Board, 58


Wells v. Savannah, 324-325


Wentworth towns (charters, grants), 1, 2, 2 n. 2, 10, 11 n. 12, 13-14, 14 n. 26, 29, 29 n. 20, n. 21, 31, 33, 33 n. 28, 34, 35, 35 n. 34, 36, 44, 44 n. 60, 45, 62, 64, 65, 67, 70, 74, 95, 176 n. 324, 185 n. 26, 208, 216, 220, 233, 287 n. 77, 299, 304, 319 n. 11, 361, 406, 407 ; public shares in, 2, 60-61 ; phases of granting, 32-36; legal relationship of to state, 134-135; validated, 156. See also Land grants


Wheelock, Eleazer, 75, 76


Wheelock, Town of, 75, 147-148, 227 ; tax exemption in, 209-210


White v. Everest, 69 n. 21


White v. Fuller, 109-110, 116-117, 162- 163, 167, 189, 198, 253 n. 98


Whitelaw, James, 67, 68, 327


Whiting v. City of Burlington, 139, 140


Willard v. Benton, 111, 111 n. 57


Willard Fuller's Estate, In re, 112


Williams, Samuel, 12-13, 13 n. 18


Williams v. Goddard, 127, 138, 148, 153- 155


Williams v. North Hero, 132 n. 148, 147, 152-155, 308-309, 319 n. 12


Wills, judicial construction of, 144 Wilson, Guy, 81, 84, 277, 282, 283


Wilson, Joseph F., 7, 55 n. 90, 81, 81 n. 43, 83 n. 45, 84, 121 n. 97, 277, 282, 282 n. 51, n. 53, 283, 317, 318


Woodard, Miss Florence M., 3, 3 n. 5, 13, 65





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