43 U.S.C. § 326 — Unsurveyed lands not subject to entry; preferential right of entry after survey

submitted 118 years ago by ch. 112 to r/title-43-PUBLIC-LANDS · 154 words · no verdicts yet

in plain englishAI-generated · not legal advice

Since March 28, 1908, people can only claim desert land that has been surveyed. But someone already reclaiming up to 320 acres of unsurveyed land keeps a first right to claim it. They must file within 90 days after the survey is approved.

Starting March 28, 1908, people can only make a "desert land entry" — a claim to desert land — on land the government has already surveyed. Unsurveyed land cannot be entered or recorded this way. But there's an exception. If someone qualified to make a desert-land entry had already taken possession of a compact tract of unsurveyed desert land — no more than 320 acres — before it was surveyed, and had already reclaimed it or was genuinely working on reclaiming it, that person gets a "preferential right." That means once the land is surveyed, they get first chance to make the entry, matching the tract to the new public land survey lines. They must do this within 90 days after the approved survey plat is filed at the district land office.

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

From and after March 28, 1908, the right to make entry of desert lands under the provisions of sections 321 to 323, 325, and 327 to 329 of this title, shall be restricted to surveyed public lands of the character contemplated by said sections, and no such entries of unsurveyed lands shall be allowed or made of record: Provided, however, That any individual qualified to make entry of desert lands under said sections who has, prior to survey, taken possession of a tract of unsurveyed desert land not exceeding in area three hundred and twenty acres in compact form, and has reclaimed or has in good faith commenced the work of reclaiming the same, shall have the preference right to make entry of such tract under said sections, in conformity with the public land surveys, within ninety days after the filing of the approved plat of survey in the district land office.

Source credit: (Mar. 28, 1908, ch. 112, § 1, 35 Stat. 52.)

history & why it existsrecord from the source credit

1908Enacted · Act of Mar. 28, 1908, ch. 112 · 35 Stat. 52

A history note hasn’t been published yet. The record shows enactment by ch. 112 on 1908-03-28.

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