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43 U.S.C. § 544Limitation as to holdings prior to final payment of charges; forfeiture of excess holding

submitted 114 years ago by ch. 278 to r/title-43-PUBLIC-LANDS · 238 words · no verdicts yet

in plain englishAI-generated · not legal advice

Before final payment of project charges, a person generally may not hold irrigable reclamation land above the applicable farm-unit limit or 160 acres. Excess land is subject to a short exception, and prohibited excess holdings are forfeited.

Before all building and betterment-charge installments for irrigable reclamation land are paid in full, no person may acquire, own, or hold more than one farm unit, as the Interior Secretary sets the limit for a public-land entry or a private owner buying a water right. In no event may the person hold more than 160 acres. No water may be supplied, and no water right may be sold or recognized, for the excess. An excess acquired through foreclosure or another legal process, in satisfaction of a mortgage, by inheritance, or by devise may be held for no more than five years after acquisition, and water may be supplied temporarily during that time. Every otherwise prohibited excess holding is forfeited to the United States in a proceeding brought by the Attorney General in a court with jurisdiction. Every United States patent and water-right certificate under this subchapter must recite this rule.
the actual law source: uscode.house.gov ↗public domain

No person shall at any one time or in any manner, except as hereinafter otherwise provided, acquire, own, or hold irrigable land for which entry or water-right application shall have been made under the said reclamation Act of June 17, 1902 and Acts supplementary thereto and amendatory thereof, before final payment in full of all installments of building and betterment charges shall have been made on account of such land in excess of one farm unit as fixed by the Secretary of the Interior as the limit of area per entry of public land or per single ownership of private land for which a water right may be purchased respectively, nor in any case in excess of one hundred and sixty acres, nor shall water be furnished under said Acts nor a water right sold or recognized for such excess; but any such excess land acquired by foreclosure or other process of law, by conveyance in satisfaction of mortgages, by inheritance, or by devise, may be held for five years and no longer after its acquisition, and water may be temporarily furnished during that time; and every excess holding prohibited as aforesaid shall be forfeited to the United States by proceedings instituted by the Attorney General for that purpose in any court of competent jurisdiction. The above provision shall be recited in every patent and water-right certificate issued by the United States under the provisions of this subchapter.

Source credit: (Aug. 9, 1912, ch. 278, § 3, 37 Stat. 266; July 11, 1956, ch. 563, § 2, 70 Stat. 524.)

history & why it existsrecord from the source credit
  • 1912Enacted · Act of Aug. 9, 1912, ch. 278 · 37 Stat. 266
  • 1956Amended · Act of July 11, 1956, ch. 563 · 70 Stat. 524

A history note hasn’t been published yet. The record shows enactment by ch. 278 on 1912-08-09.

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