Legal Definitions - place land

The term "place land" refers to indemnity land. This is a legal concept where substitute land is provided when an original grant or promise of land cannot be fulfilled.

Often, this occurs because the initially designated land is already occupied, has a defect in its legal title, or is otherwise unavailable for its intended purpose. In such situations, an equivalent parcel of land is "placed" or substituted to satisfy the original commitment.

Here are some examples to illustrate this concept:

• Historical Railroad Land Grants:

  In the 19th century, the U.S. government granted vast tracts of land to railroad companies to encourage the construction of transcontinental railways. These grants often specified alternating sections of land along the proposed rail lines. However, some of these designated sections were already settled by homesteaders or were part of existing Native American reservations, making them unavailable to the railroad.

  How it illustrates "place land": To compensate for these unavailable original sections, the government provided the railroad with "place land" (indemnity land) from other nearby public lands. This substitute land allowed the railroad to receive the full acreage it was promised, even though the original parcels couldn't be delivered.

• Modern Conservation Land Exchange:

  A state park agency wants to acquire a specific parcel of private land that is crucial for expanding a wildlife preserve. The private landowner agrees to exchange their land for an equivalent parcel of state-owned land. The state initially identifies a suitable parcel of state land to offer in exchange. However, during the environmental review, it's discovered that this identified state land has significant wetlands that make it unsuitable for the landowner's intended agricultural use.

  How it illustrates "place land": Instead of abandoning the exchange, the state identifies a different, suitable parcel of state land of equivalent value and utility to offer the private landowner. This new, substitute parcel is the "place land" (indemnity land) that fulfills the state's commitment in the exchange, as the originally designated land was found to be unsuitable.

• Urban Redevelopment Project:

  A city council approves a plan to redevelop a blighted urban area, which includes acquiring several small, privately owned lots to create a new community park. One of the private landowners agrees to sell their lot to the city in exchange for a comparable lot elsewhere in the city suitable for their small business. The city initially designates a specific lot for this exchange. However, before the transfer, a historical preservation society successfully lobbies to have that designated lot declared a historic landmark, preventing its transfer or redevelopment for commercial use.

  How it illustrates "place land": To honor its agreement with the private landowner, the city must find another suitable lot of equivalent value and zoning for the landowner's business. This newly identified, substitute lot becomes the "place land" (indemnity land) that the city provides to fulfill its obligation, as the original designated lot became unavailable due to the historic landmark designation.