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43 U.S.C. § 1061Inclosure of or assertion of right to public lands without title

submitted 141 years ago by ch. 149 to r/title-43-PUBLIC-LANDS · 182 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section makes certain enclosures of public land unlawful. It also prohibits claiming exclusive use or occupancy of public land without the required good-faith claim or color of title.

Any enclosure of public land in any State or Territory that a person, group, association, or corporation has made or later makes is unlawful if the maker or controller had no claim or color of title to any land inside it made or acquired in good faith, and had no good-faith asserted right to enter the land at the proper land office under the general United States land laws when the enclosure was made. Maintaining, building, constructing, or controlling such an enclosure is forbidden. It is also unlawful and forbidden to claim the exclusive use or occupancy of any part of the United States public lands in a State or Territory without the claim, color of title, or asserted right described above.
the actual law source: uscode.house.gov ↗public domain

All inclosures of any public lands in any State or Territory of the United States, heretofore or to be hereafter made, erected, or constructed by any person, party, association, or corporation, to any of which land included within the inclosure the person, party, association, or corporation making or controlling the inclosure had no claim or color of title made or acquired in good faith, or an asserted right thereto by or under claim, made in good faith with a view to entry thereof at the proper land office under the general laws of the United States at the time any such inclosure was or shall be made, are declared to be unlawful, and the maintenance, erection, construction, or control of any such inclosure is forbidden and prohibited; and the assertion of a right to the exclusive use and occupancy of any part of the public lands of the United States in any State or any of the Territories of the United States, without claim, color of title, or asserted right as above specified as to inclosure, is likewise declared unlawful, and prohibited.

Source credit: (Feb. 25, 1885, ch. 149, § 1, 23 Stat. 321.)

history & why it existsrecord from the source credit
  • 1885Enacted · Act of Feb. 25, 1885, ch. 149 · 23 Stat. 321

A history note hasn’t been published yet. The record shows enactment by ch. 149 on 1885-02-25.

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