Q: Why is federal law supreme to state law in land matters?
I'm having a land dispute were the other party has deed and I patent.
A:
Federal law is supreme over state law because as a condition of Statehood, North Dakota passed an Enabling Act ceding all unclaimed land to the Federal Government for disposition. Upon meeting the appropriate criteria (e.g. homesteading), a person could be granted ownership by requesting a land patent.
There are a lot of conspiracy theories and falsehoods surrounding land patents. A land patent is the original transfer of land from the government to the initial owner. Any patent that was not issued by the State of North Dakota or by the federal government is not valid. Any acquisition of property from a previous owner to a new owner, would not be through a patent, but through a deed.
While a Patent would trump a Deed, it is highly unlikely that anyone today holds an actual Patent.
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