43 U.S.C. § 142 — Rights of occupants or claimants of oil- or gas-bearing lands; exceptions to withdrawals

submitted 116 years ago by ch. 421 to r/title-43-PUBLIC-LANDS · 154 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law says withdrawing oil- or gas-bearing land from public use doesn't create, shrink, or expand anyone's asserted rights or claims made after a pre-June-1910 withdrawal. It also excludes land already under a valid homestead, desert-land entry, or settlement, as long as the settler keeps following the law that entry was made under.

This section, together with section 141 of this title, is not to be read as recognizing, shrinking, or expanding any asserted rights or claims that someone started on oil- or gas-bearing land after that land was withdrawn from public use, if the withdrawal happened before June 25, 1910. It further excludes from the force and effect of any withdrawal made under this section and section 141: all land that, on the date of the withdrawal, was already covered by a lawful homestead entry or desert-land entry made earlier, or by a valid settlement that was, on that date, still being maintained and completed under the law. But this exception keeps applying to a particular tract of land only as long as the person who made the entry or settlement continues to comply with the law under which it was made.

the actual law source: uscode.house.gov ↗public domain

This section and section 141 1 of this title shall not be construed as a recognition, abridgment, or enlargement of any asserted rights or claims initiated upon any oil- or gas-bearing lands after any withdrawal of such lands made prior to June 25, 1910: And provided further, That there shall be excepted from the force and effect of any withdrawal made under the provisions of this section and section 141 1 of this title all lands which are, on the date of such withdrawal, embraced in any lawful homestead or desert-land entry theretofore made, or upon which any valid settlement has been made and is at said date being maintained and perfected pursuant to law; but the terms of this proviso shall not continue to apply to any particular tract of land unless the entryman or settler shall continue to comply with the law under which the entry or settlement was made.

Source credit: (June 25, 1910, ch. 421, § 2, 36 Stat. 847; Aug. 24, 1912, ch. 369, 37 Stat. 497; Pub. L. 94–579, title VII, § 704(a), Oct. 21, 1976, 90 Stat. 2792.)

history & why it existsrecord from the source credit

1910Enacted · Act of June 25, 1910, ch. 421 · 36 Stat. 847
1912Amended · Act of Aug. 24, 1912, ch. 369 · 37 Stat. 497
1976Amended · Pub. L. 94-579 · 90 Stat. 2792

A history note hasn’t been published yet. The record shows enactment by ch. 421 on 1910-06-25.

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