43 U.S.C. § 864 — Survey of land grants to Florida
submitted 105 years ago by ch. 60 to r/title-43-PUBLIC-LANDS · 501 words · no verdicts yet
This section lets Florida’s properly credited agent or official in charge of adjusting its school grant seek surveys of unsurveyed public land to satisfy that grant. It reserves qualifying land for State selection for a limited period and excludes the specified Everglades area.
The properly credited agent or official of Florida who is in charge of adjusting the State’s school grant may apply to the Secretary of the Interior, or the Secretary’s designated officer, to survey unsurveyed public-land townships or parts of townships in any Florida surveying district. The purpose is to satisfy Florida’s school grant up to the full amount of land the grant calls for. On that application, the Secretary or designated officer must arrange the survey as for other public lands. Land found by the survey to lie within those townships or parts of townships is reserved, when the survey application is filed, from adverse appropriation by settlement or otherwise, except for rights that began earlier. The reservation lasts from the application until 60 days after the township survey plat is filed in the proper district land office. During those 60 days, Florida may select any of that land that is not part of a valid adverse claim to satisfy its school grant. Within 30 days after filing the survey application, the State agent or official must arrange for a notice to be published in a newspaper of general circulation near the land likely to be included. Publication must continue for 30 days from the first publication. The notice must tell interested people about the survey application and Florida’s exclusive right to select land during the 60-day period. After those 60 days, land that Florida did not select and that has not otherwise been lawfully appropriated is subject to disposal under the general laws governing other public lands. The Secretary or designated officer must immediately notify the local land-office officials for the district where the land lies that the township or parts of township have been reserved and withdrawn for this purpose. Nothing in this section authorizes the Secretary or designated officer to survey land within the Everglades as defined in Everglades patent number 137, issued to Florida by the United States under the Swamp Land Act of 1850.
It shall be lawful for the properly credited agent or official of the State of Florida having in charge the adjustment of its school grant to apply to the Secretary of the Interior, or such officer as he may designate, for the survey of any townships or parts of townships of public land unsurveyed in any of the surveying districts of said State, with a view to satisfy the grant in aid of schools made to said State of Florida to the extent of the full quantity of land called for thereby; and upon the application of said agent or official, the Secretary or such officer as he may designate shall proceed to have the survey or surveys so applied for made, as in the case of surveys of other public lands; and the lands that may be found to fall within the limits of such townships or parts of townships as ascertained by the survey shall be reserved, upon the filing of the application for survey from any adverse appropriation by settlement or otherwise, except under rights that may be found to exist of prior inception, for a period to extend from such application for survey until the expiration of sixty days from date of filing of the township plat of survey in the proper district land office, which period of sixty days the State may select any of such lands not embraced in any valid adverse claim for the satisfaction of its school grant, as aforesaid, with the condition, however, that the agent or official of the State, within thirty days from the date of such filing of the application for survey, shall cause a notice to be published, which publication shall be continued for thirty days from date of first publication in some newspaper of general circulation in the vicinity of the lands likely to be embraced in such townships or parts of townships giving notice to all parties interested of the fact of such application for survey and the exclusive right of selection by the State for the aforesaid period of sixty days as herein provided for, and after the expiration of such sixty days any lands which may remain unselected by the State and not otherwise appropriated according to law shall be subject to disposal under general laws as other public lands: Provided, That the Secretary or such officer as he may designate shall give notice immediately of the reservation of any township or parts of townships to the officials of the local land office of the land district in which the land is situated of the withdrawal of such townships or parts of townships for the purpose hereinbefore provided: Provided further, That nothing herein shall be deemed to authorize the Secretary or such officer as he may designate to survey any lands within the exterior boundaries of the Everglades, as defined in Everglades patent numbered 137, issued to the State of Florida by the United States under the Swamp Land Act of 1850.
Source credit: (Feb. 16, 1921, ch. 60, 41 Stat. 1103; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)
- 1921Enacted · Act of Feb. 16, 1921, ch. 60 · 41 Stat. 1103
A history note hasn’t been published yet. The record shows enactment by ch. 60 on 1921-02-16.
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