43 U.S.C. § 900 — Suits to cancel patents to lands erroneously issued under railroad or wagon-road grants
submitted 130 years ago by ch. 39 to r/title-43-PUBLIC-LANDS · 127 words · no verdicts yet
The United States has six years to sue to cancel a land patent wrongly issued under a railroad or wagon-road grant. A bona fide purchaser’s title is protected, subject to the stated exception for replacement lands.
(1) The United States may sue to cancel a patent to land that was wrongly issued under a railroad or wagon-road grant only within six years after the patent was issued.
(2) A patent for land held by a “bona fide purchaser” may not be canceled. This section confirms that purchaser’s right and title. But no suit may be brought or maintained, and no recovery may be obtained for land or its value, when the land was certified or patented in place of other grant-covered land that the grantee lost or gave up because the Government or its officers failed to withdraw that other land from sale or entry.
Suits by the United States to vacate and annul any patent to lands erroneously issued under a railroad or wagon-road grant shall only be brought within six years after the date of the issuance of such patents. But no patent to any lands held by a bona fide purchaser shall be vacated or annulled, but the right and title of such purchaser is hereby confirmed: Provided, That no suit shall be brought or maintained, nor shall recovery be had for lands or the value thereof, that were certified or patented in lieu of other lands covered by a grant which were lost or relinquished by the grantee in consequence of the failure of the Government or its officers to withdraw the same from sale or entry.
Source credit: (Mar. 2, 1896, ch. 39, § 1, 29 Stat. 42.)
- 1896Enacted · Act of Mar. 2, 1896, ch. 39 · 29 Stat. 42
A history note hasn’t been published yet. The record shows enactment by ch. 39 on 1896-03-02.
all 0 arguments · sorted by: best
no arguments yet — make the first case