43 U.S.C. § 447 — Relinquishment of homestead entry and making new entry

submitted 111 years ago by ch. 182 to r/title-43-PUBLIC-LANDS · 139 words · no verdicts yet

in plain englishAI-generated · not legal advice

People who made a 1902-Act homestead entry on land later found unsuitable for irrigation can give it up and pick new land. They can then enter a farm unit within the same irrigation project instead. They keep credit for the time they already lived on the original entry.

This section applies to anyone who, before March 4, 1915, made a homestead entry under the Act of June 17, 1902, for land they believed could be irrigated -- land that, at the time of that entry, was set aside for a planned irrigation project. If it's since been determined that the land in that entry -- or more than twenty acres of it -- isn't or won't be irrigable under the project, that person can give up the entry. In its place, they may select and make entry for any farm unit that's part of the irrigation project as it was finally established -- even though sections 436 and 437 of this title would otherwise apply. There's a benefit for making this switch: the entryman gets credit, on the new entry, for the time of bona fide residence they already maintained on the original entry.

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

Any person who prior to March 4, 1915, made homestead entry under the Act of June 17, 1902 (32 Stat. 388), for land believed to be susceptible of irrigation which at the time of said entry was withdrawn for any contemplated irrigation project, may relinquish the same, provided that it has since been determined that the land embraced in such entry or all thereof in excess of twenty acres is not or will not be irrigable under the project, and in lieu thereof may select and make entry for any farm unit included within such irrigation project as finally established, notwithstanding the provisions of sections 436 and 437 of this title: Provided, That such entrymen shall be given credit on the new entry for the time of bona fide residence maintained on the original entry.

Source credit: (Mar. 4, 1915, ch. 182, 38 Stat. 1215.)

history & why it existsrecord from the source credit

1915Enacted · Act of Mar. 4, 1915, ch. 182 · 38 Stat. 1215

A history note hasn’t been published yet. The record shows enactment by ch. 182 on 1915-03-04.

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