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43 U.S.C. § 178Patents for lands in New Mexico; lands contiguous to Spanish or Mexican land grants

submitted 94 years ago by ch. 52 to r/title-43-PUBLIC-LANDS · 277 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets the Interior Secretary grant patents on land next to Spanish or Mexican land grants. The holder must possess it over 20 years, improve or farm it, and pay $1.25 per acre. Up to 160 acres qualify, but the U.S. keeps all coal and other minerals.

This section applies to public land in New Mexico that is next to (contiguous with) a Spanish or Mexican land grant. If a U.S. citizen — or their ancestors or the people they got the land from — has held such land in good faith and peaceful possession for more than 20 years under a claim or color of title, the Secretary of the Interior may issue a patent for it. To qualify, the person must also have made valuable improvements to the land, or farmed at least part of it. The total land patented this way cannot exceed 160 acres, and the person must pay $1.25 per acre. If someone holds more than 160 acres this way, the Secretary decides which parts — up to 160 acres total — get patented. The United States keeps ownership of all coal and other minerals in the land. Those minerals can still be sold or leased by the United States under the normal mining and leasing laws, and anyone who buys, leases, or is granted rights to the minerals can enter the land to look for and mine them. The term "citizen," as used in this section, also includes a corporation organized under U.S. federal or state or territorial law.
the actual law source: uscode.house.gov ↗public domain

Whenever it shall be shown to the satisfaction of the Secretary of the Interior that a tract or tracts of public land, contiguous to a Spanish or Mexican land grant, in the State of New Mexico, not exceeding in the aggregate one hundred and sixty acres, has or have been held in good faith and in peaceful, adverse possession by a citizen of the United States, his ancestors or grantors, for more than twenty years under claim or color of title, and that valuable improvements have been placed on such land, or some part thereof has been reduced to cultivation, the Secretary may, in his discretion, upon the payment of $1.25 per acre, cause a patent or patents to issue for such land to any such citizens: Provided, That where the area or areas so held by any such citizen is in excess of one hundred and sixty acres the Secretary may determine what particular subdivisions, not exceeding one hundred and sixty acres in the aggregate, to any such citizen may be patented hereunder: Provided further, That coal and all other minerals contained therein are reserved to the United States; that said coal and other minerals shall be subject to sale or disposal by the United States under applicable leasing and mineral land laws, and permittees, lessees, or grantees of the United States shall have the right to enter upon said lands for the purpose of prospecting for and mining such deposits: Provided further, That the term “citizen”, as used in this section, shall be held to include a corporation organized under the laws of the United States or any State or Territory thereof.

Source credit: (Feb. 23, 1932, ch. 52, 47 Stat. 53.)

history & why it existsrecord from the source credit
  • 1932Enacted · Act of Feb. 23, 1932, ch. 52 · 47 Stat. 53

A history note hasn’t been published yet. The record shows enactment by ch. 52 on 1932-02-23.

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