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43 U.S.C. § 441Assignment of entries generally

submitted 116 years ago by ch. 357 to r/title-43-PUBLIC-LANDS · 136 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets irrigation-land claimants transfer their claims to others. After proving five years of residence and improvement, a homesteader may assign the claim to someone else. The new holder gets a land patent after proving reclamation and paying the required charges.

This section lets certain homesteaders transfer, or "assign," their land claims to other people. It applies to people who have made, or will make, homestead entries within reclamation (irrigation) projects, under the Act of June 17, 1902. Once satisfactory proof has been filed with the Secretary of the Interior (or an officer the Secretary designates) showing five years of residence, improvement, and cultivation — the amount the law requires — the person holding the entry may assign it, or any part of it, to another person. The person receiving the assignment then has to submit their own proof that the land has been reclaimed (irrigated and put to use), and pay the charges the 1902 Act apportions to that land. Once they do, they can receive a patent — the deed transferring title — from the United States. One condition applies throughout: every assignment made under this section stays subject to the same limitations, charges, terms, and conditions that the reclamation law sets.
the actual law source: uscode.house.gov ↗public domain

From and after the filing with the Secretary of the Interior or such officer as he may designate of satisfactory proof of residence, improvement, and cultivation for the five years required by law, persons who have, or shall make, homestead entries within reclamation projects under the provisions of the Act of June 17, 1902, may assign such entries, or any part thereof, to other persons, and such assignees, upon submitting proof of the reclamation of the lands and upon payment of the charges apportioned against the same as provided in the said Act of June 17, 1902, may receive from the United States a patent for the lands: Provided, That all assignments made under the provisions of this section shall be subject to the limitations, charges, terms, and conditions of the reclamation Act.

Source credit: (June 23, 1910, ch. 357, 36 Stat. 592; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

history & why it existsrecord from the source credit
  • 1910Enacted · Act of June 23, 1910, ch. 357 · 36 Stat. 592

A history note hasn’t been published yet. The record shows enactment by ch. 357 on 1910-06-23.

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