[RedStateRocker]

I am not clear on the concept of “presumptive right”. Can someone kindly explain what it is an why it is important? Google is not of much help.

Thanks in advance

[MamaTexan]

I am not clear on the concept of “presumptive right”.

It's preemptive Right:
4. Having or marked by the power to preempt or take precedence

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It was a Right to public grazing that homesteaders received as an incentive to settle the West. Acknowledgment of these Rights can be found in the Library of Congress during the discussion concerning the selling of land for the railroad.

(Sorry for the cut & paste - the Library disables active links)

http://memory.loc.gov/cgi-bin/ampage?collId=llsb&fileName=040/llsb040.db&recNum=818
40th Congress, 2nd Session, S190, December 13, 1867 (page3, Line12)
Provided, this privilege shall not extend to lands upon which there many be rightful claims under the preemption and homestead laws

These Rights preempt, (or prevent) any government law or organization from affecting the use of the public land as long as the landholder meets his end of the bargain.

[dynoman]

The best way I’ve heard it described is as a legally binding easement. My folks have an legal easement for the land the road to their property is on. The actual land owner can never take their right to that road away, not can any subsequent land owner. It seems some of the early agreements to graze land were like legal grazing rights easements.