ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

43 U.S.C. § 390ppInvoluntary foreclosure

submitted 44 years ago by Pub. L. 97-293 to r/title-43-PUBLIC-LANDS · 218 words · no verdicts yet

in plain englishAI-generated · not legal advice

Federal ownership limits don't apply to land acquired through foreclosure, inheritance, or similar forced transfers. The land must have been eligible for irrigation water before the transfer happened. If the land doesn't qualify afterward, it still gets water for up to five years before deliveries stop. Section 390ee applies separately to each such acquisition.

Neither this subchapter's ownership limits nor the ownership limits anywhere else in federal reclamation law apply to land acquired through involuntary foreclosure or a similar forced legal process, through a genuine transfer to satisfy a debt (such as a mortgage, real estate contract, or deed of trust), through inheritance, or through a will. This exception only works if the land could already receive irrigation water before the title changed hands — or, for mortgaged land, if it lost that eligibility only after the mortgage was recorded but before the foreclosure or forced transfer happened. If, after the new owner acquires the land, it turns out not to qualify under federal reclamation law (including this subchapter), the land still gets a temporary irrigation water supply — but only for up to five years from the date of acquisition. After that, water deliveries stop until the land is transferred to an owner who does qualify. Section 390ee of this title applies separately to each acquisition covered by this section, wherever section 390ee would otherwise apply to the land.
the actual law source: uscode.house.gov ↗public domain

Neither the ownership limitations of this subchapter nor the ownership limitations of any other provision of Federal reclamation law shall apply to lands when the lands are acquired by involuntary foreclosure, or similar involuntary process of law, by bona fide conveyance in satisfaction of a debt (including, but not limited to, a mortgage, real estate contract, or deed of trust), by inheritance, or by devise: Provided, That such lands were eligible to receive irrigation water prior to such transfer of title or the mortgaged lands became ineligible to receive water after the mortgage is recorded but before it is acquired by involuntary foreclosure or similar involuntary process of law or by bona fide conveyance in satisfaction of mortgage: Provided further, That if, after acquisition, such lands are not qualified under Federal reclamation law, including this subchapter, they shall be furnished temporarily with an irrigation water supply for a period not exceeding five years from the effective date of such an acquisition, delivery of irrigation water thereafter ceasing until the transfer thereof to a landowner qualified under such laws: Provided further, That the provisions of section 390ee of this title shall be applicable separately to each acquisition under this section if the lands are otherwise subject to the provisions of section 390ee of this title.

Source credit: (Pub. L. 97–293, title II, § 216, Oct. 12, 1982, 96 Stat. 1270.)

history & why it existsrecord from the source credit
  • 1982Enacted · Pub. L. 97-293 · 96 Stat. 1270

A history note hasn’t been published yet. The record shows enactment by Pub. L. 97-293 on 1982-10-12.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case