30 U.S.C. § 75 — Conflicting claims upon coal lands; rules and regulations
submitted 80 years ago by Congress to r/title-30-MINERAL-LANDS-AND-MINING · 116 words · no verdicts yet
When two or more people claim the same coal land and started improving it after March 3, 1873, whoever got there first, kept improving in good faith, and filed properly wins the right to buy it. For improvements made before that date, the land can instead be split up to cover each claimant's improvements. The Bureau of Land Management can write rules to carry this out.
This section resolves disputes when more than one person claims the same coal land.
- If the competing improvements began after March 3, 1873, the person who took possession and started improving first — and kept acting in good faith while properly filing their claim — gets the preference right to purchase the land.
- If the improvements were already made before March 3, 1873, the land can instead be divided along legal subdivision lines, so each party's valuable improvements are covered as closely as possible.
- The Director of the Bureau of Land Management is authorized to issue whatever rules and regulations are needed to carry out this section, along with sections 71 through 74 of this title.
In case of conflicting claims upon coal lands where the improvements shall be commenced, after the third day of March, 1873, priority of possession and improvement, followed by proper filing and continued good faith, shall determine the preference right to purchase. And also where improvements have already been made prior to the third day of March, 1873, division of the land claimed may be made by legal subdivisions, to include, as near as may be, the valuable improvements of the respective parties. The Director of the Bureau of Land Management is authorized to issue all needful rules and regulations for carrying into effect the provisions of this section and sections 71 to 74 of this title.
Source credit: (R.S. § 2351; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)
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