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43 U.S.C. § 374Sale of lands acquired in connection with irrigation project

submitted 115 years ago by ch. 32 to r/title-43-PUBLIC-LANDS · 259 words · no verdicts yet

in plain englishAI-generated · not legal advice

If land bought for a reclamation irrigation project is no longer needed, the Secretary of the Interior can have it appraised and sold at public auction to the highest bidder, after public notice. No more than 160 acres can go to one buyer, and the sale proceeds go back into the reclamation fund for that same project.

Whenever the Secretary of the Interior decides that land acquired under the 1902 Reclamation Act, or a later amending or supplementing law, for irrigation works is no longer needed for that purpose, the Secretary may have three independent, appointed people appraise the land and any improvements on it. The Secretary can then sell it, together with those improvements, for no less than the appraised value, at a public auction to the highest bidder — after giving public notice of the time and place, by posting the notice on the land and publishing it for at least thirty days in a local newspaper. Once the buyer pays the full purchase price, the Secretary may sign a deed transferring all of the United States' right, title, and interest in the land to that buyer, subject to whatever reservations, limits, or conditions the Secretary considers proper. No more than 160 acres can be sold to any one person. The money from selling this land goes into the reclamation fund, credited to the specific project the land was originally bought for.
the actual law source: uscode.house.gov ↗public domain

Whenever in the opinion of the Secretary of the Interior any lands which have been acquired under the provisions of the Act of June seventeenth, nineteen hundred and two (Thirty-second Statutes, page three hundred and eighty-eight), commonly called the “reclamation Act,” or under the provisions of any Act amendatory thereof or supplementary thereto, for any irrigation works contemplated by said reclamation Act are not needed for the purposes for which they were acquired, said Secretary of the Interior may cause said lands, together with the improvements thereon, to be appraised by three disinterested persons, to be appointed by him, and thereafter to sell the same for not less than the appraised value at public auction to the highest bidder, after giving public notice of the time and place of sale by posting upon the land and by publication for not less than thirty days in a newspaper of general circulation in the vicinity of the land.

Upon payment of the purchase price, the Secretary of the Interior is authorized by appropriate deed to convey all the right, title, and interest of the United States of, in, and to said lands to the purchaser at said sale, subject, however, to such reservations, limitations, or conditions as said Secretary may deem proper: Provided, That not over one hundred and sixty acres shall be sold to any one person.

The moneys derived from the sale of such lands shall be covered into the reclamation fund and be placed to the credit of the project for which such lands had been acquired.

Source credit: (Feb. 2, 1911, ch. 32, §§ 1–3, 36 Stat. 895.)

history & why it existsrecord from the source credit
  • 1911Enacted · Act of Feb. 2, 1911, ch. 32 · 36 Stat. 895

A history note hasn’t been published yet. The record shows enactment by ch. 32 on 1911-02-02.

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