43 U.S.C. § 642 — Liens for expenses of reclamation
submitted 130 years ago by ch. 420 to r/title-43-PUBLIC-LANDS · 186 words · no verdicts yet
A State may create liens on reclaimed arid lands for the actual and necessary reclamation cost and reasonable interest, under State law tied to the grant in section 641. The United States has no direct or indirect responsibility for those liens or liabilities.
A State law, whether enacted earlier or later, may authorize the State receiving lands under section 641 to create a lien or liens on the separate legal subdivisions of reclaimed land. No other authority may create such a lien. The lien is valid for the actual cost and necessary expenses of reclamation, plus reasonable interest from the date of reclamation until the land is transferred to actual settlers. If a particular tract or tracts receive an ample actual water supply through a substantial ditch or canal, artesian wells, or reservoirs, patents must issue for those tracts to the State without regard to settlement or cultivation. The United States is not, under any event, contingency, or circumstance, directly or indirectly liable for any part of any such lien or liability.
Under any law heretofore or hereafter enacted by any State, providing for the reclamation of arid lands, in pursuance and acceptance of the terms of the grant made in section 641 of this title, a lien or liens is authorized to be created by the State to which such lands are granted and by no other authority whatever, and when created shall be valid on and against the separate legal subdivisions of land reclaimed, for the actual cost and necessary expenses of reclamation and reasonable interest thereon from the date of reclamation until disposed of to actual settlers; and when an ample supply of water is actually furnished in a substantial ditch or canal, or by artesian wells or reservoirs, to reclaim a particular tract or tracts of such lands, then patents shall issue for the same to such State without regard to settlement or cultivation: Provided, That in no event, in no contingency, and under no circumstances shall the United States be in any manner directly or indirectly liable for any amount of any such lien or liability, in whole or in part.
Source credit: (June 11, 1896, ch. 420, 29 Stat. 434.)
- 1896Enacted · Act of June 11, 1896, ch. 420 · 29 Stat. 434
A history note hasn’t been published yet. The record shows enactment by ch. 420 on 1896-06-11.
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