43 U.S.C. § 316j — Improvements to leasehold

submitted 99 years ago by ch. 513 to r/title-43-PUBLIC-LANDS · 220 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary can let a lessee build fences, wells, or other range improvements. Fences must still let miners and prospectors pass through. After a lease ends, the lessee has ninety days to remove those improvements. If left behind instead, no one else can use the land until the lessee is paid their value.

This section covers building, removing, and getting paid for improvements on leased land. (a) Authorization. The Secretary can let a lessee build, maintain, and use things like fences, buildings, corrals, reservoirs, or wells, if the lessee needs them for grazing. But any fence built this way must still let miners, mineral prospectors, and other people with a lawful right to enter the area pass freely in and out. (b) Removal of improvements when the lease ends. However the lease ends, the lessee gets ninety days from that date to remove any fence, building, corral, or other removable improvement the lessee owns or controls. (c) Getting paid for improvements left behind. A lessee can choose to leave authorized improvements on the land instead of removing them. To do this, the lessee must tell the Secretary before or when the lease ends. If the lessee does this, no one else — whether under a new grazing lease or an entry under public land law — can use or occupy that land until the value of the improvements is paid to the lessee. The Secretary decides what that value is.

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

(a) Authorization

The Secretary may authorize a lessee to construct and/or maintain and utilize upon any area included within the provisions of his lease any fence, building, corral, reservoir, well or other improvements needed for the exercise of the grazing privileges of the lessee within such area; but any such fence shall be constructed as to permit the ingress and egress of miners, prospectors for minerals, and other persons entitled to enter such area for lawful purposes.

(b) Removal of improvement upon termination of lease

The lessee shall be given ninety days from the date of termination of his lease for any cause to remove from the area included within the provisions of his lease any fence, building, corral, or other removable range improvement owned or controlled by him.

If such lessee notifies the Secretary on or before the termination of his lease of his determination to leave on the land any improvements the construction or maintenance of which has been authorized by the Secretary, no other person shall use or occupy under any grazing lease, or entry under any public land law, the land on which any such improvements are located until there has been paid to the person entitled thereto the value of such improvements as determined by the Secretary.

Source credit: (Mar. 4, 1927, ch. 513, § 11, 44 Stat. 1454.)

history & why it existsrecord from the source credit

1927Enacted · Act of Mar. 4, 1927, ch. 513 · 44 Stat. 1454

A history note hasn’t been published yet. The record shows enactment by ch. 513 on 1927-03-04.

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