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43 U.S.C. § 337Entry, after expenditures, perfected as homestead entry

submitted 111 years ago by ch. 147 to r/title-43-PUBLIC-LANDS · 192 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets desert-land settlers switch to homestead rules if they can't get enough water. The settler must have already spent $3 an acre trying, in good faith, to get water. If approved, the settler gets five years to finish the entry like a homesteader.

This section applies to someone who has a lawful, still-pending "desert-land entry" — a claim to reclaim dry government land — that was filed before March 4, 1915. It also applies to that person's qualified assignee, if the claim was assigned to them before March 4, 1915. If the Secretary of the Interior is satisfied, under rules the Secretary writes, that the entryman or assignee has already spent, in good faith, at least $3 per acre trying to bring water to the land, and that there's no real chance they could get enough water to reclaim the irrigable land even with the extension allowed under section 335 or earlier law, then the Secretary may — at the Secretary's discretion — give that entryman or assignee five years from the date of notice to finish the entry the same way a homestead entry must be finished. If the claim was assigned before March 4, 1915, the assignee gets this same benefit, as long as they otherwise qualify.
the actual law source: uscode.house.gov ↗public domain

Where it shall be made to appear to the satisfaction of the Secretary of the Interior, under rules and regulations to be prescribed by him, with reference to any lawful pending desert-land entry made prior to March 4, 1915, under which the entryman or his duly qualified assignee under an assignment made prior to March 4, 1915, has, in good faith, expended the sum of $3 per acre in the attempt to effect reclamation of the land, that there is no reasonable prospect that, if the extension allowed by section 335 of this title or any law existing prior to March 4, 1915, were granted, he would be able to secure water sufficient to effect reclamation of the irrigable land in his entry or any legal subdivision thereof, the Secretary of the Interior may, in his discretion, allow such entryman or assignee five years from notice within which to perfect the entry in the manner required of a homestead entryman: Provided, That in cases where such entries have been assigned prior to March 4, 1915, the assignees shall, if otherwise qualified, be entitled to the benefit hereof.

Source credit: (Mar. 4, 1915, ch. 147, § 5, 38 Stat. 1161; Mar. 21, 1918, ch. 26, 40 Stat. 458.)

history & why it existsrecord from the source credit
  • 1915Enacted · Act of Mar. 4, 1915, ch. 147 · 38 Stat. 1161
  • 1918Amended · Act of Mar. 21, 1918, ch. 26 · 40 Stat. 458

A history note hasn’t been published yet. The record shows enactment by ch. 147 on 1915-03-04.

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