43 U.S.C. § 451c — Cancellation of charges or liens; credits

submitted 73 years ago by ch. 428 to r/title-43-PUBLIC-LANDS · 231 words · no verdicts yet

in plain englishAI-generated · not legal advice

After approving a land trade, the Secretary can cancel debts or legal claims against the old land or the settler. Settlers and resident owners can also get credit toward development or purchase costs on their new land, based on what they already paid for the old land.

(a) After the Secretary approves an application to trade farm units, the Secretary may cancel and release — in whole or in part — any charges or legal claims against the settler or against the land being given up, as far as those charges fall within the Secretary's own authority. In deciding this, the Secretary must fairly weigh other charges, claims, and the interests of anyone else holding a claim on the land. (b) A settler trading units may get credit from the Secretary, applied to land development charges on the new unit, for the same kind of charges already paid to the United States on the original unit. A resident owner trading land may similarly get credit toward the purchase price of the new unit, for whatever amount they (or, for a widow, widower, heir, or beneficiary, their spouse or ancestor) already paid the United States toward the original land's purchase price; this credit can also count toward irrigation construction charges owed on the new unit, the same way section 451b allows.

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

(a)

After his approval of any application for an exchange as provided in this subchapter, the Secretary may cancel and release, in whole or in part, any and all charges or liens against the entryman or against the relinquished farm unit which are within his administrative jurisdiction. In administering the provisions of this subsection the Secretary shall take into consideration other charges and liens and the rights and interests of other lien holders as to him may seem just and equitable.

(b)

An entryman making an exchange under the provisions of this subchapter may be given credit by the Secretary upon any land development charges made by the United States in connection with the lieu farm unit for any such charges paid to the United States in connection with the original unit. A resident owner making an exchange under the provisions of this subchapter may, to the extent, to which he or, in the case of a widow, widower, heir, or devisee, his spouse or ancestor, as the case may be, has paid to the United States the purchase price of the original farm unit, be given credit by the Secretary upon the purchase price of his lieu farm unit; such credit may also be applied in the manner and circumstances provided in section 451b of this title upon irrigation construction charges for or properly assignable to his lieu farm unit.

Source credit: (Aug. 13, 1953, ch. 428, § 4, 67 Stat. 567.)

history & why it existsrecord from the source credit

1953Enacted · Act of Aug. 13, 1953, ch. 428 · 67 Stat. 567

A history note hasn’t been published yet. The record shows enactment by ch. 428 on 1953-08-13.

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