Collection Guide
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California Private Land Claims Collection
MS-55
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Table of contents
Language of Material:
English
Contributing Institution:
Presidio Research Center
Title: California Private Land Claims Collection
Identifier/Call Number: MS-55
Physical Description:
1 Linear Feet
– containing 26 claims
Date (inclusive): 1852-1884
Abstract: The California Private Land Claims Collection is made up of photocopies of a selection of California private land claims presented
to the Public Land Commission to determine the validity of prior Spanish and Mexican land grants within California. The contents
include handwritten transcripts of proceedings and maps.
Language of Material: While primarily in English, some materials refer to words in Spanish. It is also worth noting the materials are in cursive
and therefore require some effort to decipher.
Physical Description: The photocopies are generally in very good condition. The file folders are of inconsistent quality, sizes, and labeling.
The California Private Land Claims Collection is made up of photocopies of a selection of twenty-six California private land
claims presented to the Public Land Commission to determine the validity of prior Spanish and Mexican land grants within California.
The contents include handwritten transcripts of proceedings and maps.
The collection is a small subset of the original 813 claims considered by the Commission, likely gathered during a researcher's
targeted study. The common research thread of the selection is yet to be determined as the claims are from several California
counties spread out across the state.
The California Land Act of 1851 (9 Stat. 631), enacted following the Treaty of Guadalupe Hidalgo and the admission of California
as a state in 1850, established a three-member Public Land Commission to determine the validity of prior Spanish and Mexican
land grants. It required landowners who claimed title under the Mexican government to file their claim with a commission within
two years. Contrary to the Treaty of Guadalupe Hidalgo, which guaranteed full protection of all property rights for Mexican
citizens, it placed the burden on landholders to prove their title.
While the commission eventually confirmed 604 of the 813 claims, almost all of the claims went to court and resulted in protracted
litigation. The expense of the long court battles required many land holders to sell portions of the property or even trade
it in payment for legal services. A few cases were litigated into the 1940s.
The collection is arranged as a single series of 26 files in the original order they were acquired.
The collection was processed by Maria Wallis and James Doub from October to December 2019. The collection guide was written
by Chris S. Ervin.
Immediate Source of Acquisition
Transferred by Santa Barbara County Genealogical Society (SBCGS) to Santa Barbara Trust for Historic Preservation, in June
2019.
The materials were donated to the Santa Barbara County Genealogical Society (SBCGS) in 2009 or 2010. The identity and purpose
of the person who commissioned the photocopies has been lost. The materials were transferred to the Santa Barbara Trust for
Historic Preservation via SBCGS volunteer Laurie Hannah.
[Identification of item], California Private Land Claims Collection, MS-55, Presidio Research Center, Santa Barbara Trust
for Historic Preservation, Santa Barbara, California.
Presidio Maps and Plans Collection, MS-54, Drawer I- Genealogy Charts, Disenos and Plats, Presidio Research Center, Santa
Barbara Trust for Historic Preservation, Santa Barbara, California, https://www.sbthp.org/mapsandcollections, accessed November
27, 2019
California Land Act of 1851 [Wikipedia], https://en.wikipedia.org/wiki/California_Land_Act_of_1851, accessed November 27,
2019
The Patenting of California's Private Land Claims, 1851-1885 (1979), https://www.jstor.org/stable/214806, accessed November
27, 2019
Reports and Documents Relating to Land Grants and Public Domain (2018), https://digitalcommons.csumb.edu/hornbeck_usa_4_b/4,
accessed November 27, 2019
Beers, Henry Putney. 1979.
Spanish & Mexican records of the American Southwest: a bibliographical guide to archive and manuscript sources. Tucson: University of Arizona Press
Collection is open to researchers.
All requests for permission to publish or quote from manuscripts must be submitted in writing to the Archivist. Permission
for publication is given on behalf of the Santa Barbara Trust for Historic Preservation Research Center as the owner of the
physical items and is not intended to include or imply permission of the copyright holder, which must also be obtained by
the reader. Copyright restrictions also apply to digital facsimiles of the original materials. Use of digital files is restricted
to research and educational purposes.
Subjects and Indexing Terms
California Land Act of 1851
Public lands--California
Claims