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''Green v. Biddle'', 21 U.S. 1 (1823) is a 6-to-1 ruling by the Supreme Court of the United States that held that the state of Virginia had properly entered into a compact with the United States federal government under Clause One of Article Four of the United States Constitution. This compact surrendered Virginia's claim to the area that eventually became the state of Kentucky, but imposed restrictions on Kentucky's ability to upset title to land sold or otherwise granted by the state of Virginia at the time of the compact. The Supreme Court held that legislation enacted by Kentucky that restricted these rights unconstitutionally infringed on Virginia's right to surrender the land in accordance with Article Four, Clause One. ==Background== In 1606 CE, during European colonization of the Americas, James I of England granted the Charter of 1606 to the newly established Virginia Company, asserting royal title to Native American-occupied land between the 34th and 45th latitudes and inland, and permitting the Virginia Company to establish colonies there.〔Hubbard, ''American Boundaries: The Nation, the States, the Rectangular Survey,'' 2009, p. 7-9.〕 In 1609, James I redefined the Colony of Virginia's boundaries to extend the colonies northern and southern boundaries as well as asserting title to all land west to the Pacific Ocean.〔Hubbard, ''American Boundaries: The Nation, the States, the Rectangular Survey,'' 2009, p. 10.〕 Conflicting land claims as well as claims that land grants extended to the Pacific Ocean proved highly contentious issues after the American Revolution. To help resolve the issue, in 1781 Virginia agreed to surrender to the United States federal government all title to its land claims west of the Ohio River.〔Ayers, Gould, Oshinsky, and Soderland, ''American Passages: A History of the United States,'' 2009, p. 174.〕 In the compact between Virginia and the United States under which Virginia surrendered its territory was the following clause (elipsis in original):〔''Green v. Biddle'', 21 U.S. 1, 3.〕 :That all private rights and interests of lands within the said district Title was transferred in 1784, and the United States Congress passed the Land Ordinance of 1784, Land Ordinance of 1785, and the Northwest Ordinance to turn these lands into territories and (eventually) states.〔Miller, ''Native America, Discovered and Conquered: Thomas Jefferson, Lewis & Clark, and Manifest Destiny,'' 2006, p. 62.〕 In 1792, after 10 constitutional conventions and three statehood enabling acts passed by the Virginia legislature, Kentucky was admitted as a state on June 1, 1792.〔Harrison, ''Kentucky's Road to Statehood,'' 1992, p. 19-90〕 The terms of the Virginia-U.S. compact regarding title to land was included in the Constitution of Kentucky.〔 On February 27, 1797, the state of Kentucky passed legislation protecting individuals who had title to their land stripped from them due to improper conveyance. In part, the legislation: 1) Absolved the former titleholder from paying any rent or profits accrued while improper title was held (e.g., mesne profits); 2) Held the successful claimant liable to the former titleholder for any improvements made to the property; and 3) In the case where improvements exceeded the value of the unimproved land, the successful claimant could return the property to the former titleholder without paying the balance or the successful claimant could keep the property but was required to post a bond and warranty until the value of the improvements was paid.〔''Green v. Biddle'', 21 U.S. 1, 4-5.〕 On January 31, 1812, Kentucky again passed legislation protecting individuals who had title to their land stripped from them due to improper conveyance. This second legislation, in part: 1) Required successful claimants to pay to ejected titleholders, 2) The successful claimant may avoid paying the value of the improvements by relinquishing the land and accepting payment in the amount of the value of the unimproved property instead, or may keep the land (but must post bond and warranty if the value of improvements exceeds three-fourths of the value of the unimproved property); 3) The ejected titleholder is responsible for paying rents and profits on the property after judgment against him, but only up to a period not to exceed five years after the ruling against him; and 4) Courts must ascertain the value of land, rents, and profits in such cases.〔''Green v. Biddle'', 21 U.S. 1, 5-7.〕 The heirs of John Green sued Richard Biddle to reclaim title to certain land in the state of Kentucky. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Green v. Biddle」の詳細全文を読む スポンサード リンク
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