43 U.S.C. § 1745 — Disclaimer of interest in lands
submitted 50 years ago by Pub. L. 94-579 to r/title-43-PUBLIC-LANDS · 257 words · no verdicts yet
The Secretary may issue a recordable disclaimer that removes a cloud on land title when specified United States interests are invalid or do not cover the land. An applicant must apply in writing, give public notice, and pay the administrative cost.
(a) After consulting affected Federal agencies, the Secretary may issue a recordable document disclaiming the United States’ interest in land if it will help clear the title and the Secretary finds that: (1) the United States’ recorded interest ended by law or is invalid; (2) land between a survey plat’s meander line and a body of water’s actual shoreline is not United States land; or (3) accreted, relicted, or avulsed land is not United States land. (b) The Secretary may issue no document unless the applicant files a written application, notice stating the supporting grounds has appeared in the Federal Register for at least 90 days, and the applicant pays the administrative cost set by the Secretary. Receipts go into the current appropriation from which the cost was paid. (c) The disclaimer has the same effect as a quitclaim deed from the United States.
After consulting with any affected Federal agency, the Secretary is authorized to issue a document of disclaimer of interest or interests in any lands in any form suitable for recordation, where the disclaimer will help remove a cloud on the title of such lands and where he determines (1) a record interest of the United States in lands has terminated by operation of law or is otherwise invalid; or (2) the lands lying between the meander line shown on a plat of survey approved by the Bureau or its predecessors and the actual shoreline of a body of water are not lands of the United States; or (3) accreted, relicted, or avulsed lands are not lands of the United States.
No document or disclaimer shall be issued pursuant to this section unless the applicant therefor has filed with the Secretary an application in writing and notice of such application setting forth the grounds supporting such application has been published in the Federal Register at least ninety days preceding the issuance of such disclaimer and until the applicant therefor has paid to the Secretary the administrative costs of issuing the disclaimer as determined by the Secretary. All receipts shall be deposited to the then-current appropriation from which expended.
Issuance of a document of disclaimer by the Secretary pursuant to the provisions of this section and regulations promulgated hereunder shall have the same effect as a quit-claim deed from the United States.
Source credit: (Pub. L. 94–579, title III, § 315, Oct. 21, 1976, 90 Stat. 2770.)
- 1976Enacted · Pub. L. 94-579 · 90 Stat. 2770
A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-579 on 1976-10-21.
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