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43 U.S.C. § 896 — Erroneous cancellation of bona fide entries corrected

submitted 139 years ago by ch. 376 to r/title-43-PUBLIC-LANDS · 169 words · no verdicts yet

in plain englishAI-generated · not legal advice

A bona fide settler whose homestead or preemption entry was wrongly canceled because of a railroad grant or land withdrawal may seek reinstatement and complete the entry, unless the listed exceptions apply. If the settler does not apply in time, the land is disposed of under public-land laws with priority for bona fide purchasers and then resident settlers.

If adjustment of the grants shows that a genuine settler's homestead or preemption entry was wrongly canceled because of a railroad grant or withdrawal of public land, the settler must be restored to all rights and allowed to complete the entry under public-land laws if the settler has not claimed or entered other land instead and did not voluntarily abandon the original entry. If a settler does not renew the reinstatement application within a reasonable time set by the Interior Secretary, the unclaimed land must be disposed of under public-land laws, giving priority to bona fide purchasers of it, if any, and otherwise to bona fide settlers living on it.
the actual law source: uscode.house.gov ↗public domain

If, in the adjustment of said grants, it shall appear that the homestead or preemption entry of any bona fide settler has been erroneously canceled on account of any railroad grant or the withdrawal of public lands from market, such settler upon application shall be reinstated in all his rights and allowed to perfect his entry by complying with the public-land laws: Provided, That he has not located another claim or made an entry in lieu of the one so erroneously canceled: And provided also, That he did not voluntarily abandon said original entry: And provided further, That if any of said settlers do not renew their application to be reinstated within a reasonable time, to be fixed by the Secretary of the Interior, then all such unclaimed lands shall be disposed of under the public-land laws, with priority of right given to bona fide purchasers of said unclaimed lands, if any, and if there be no such purchasers, then to bona fide settlers residing thereon.

Source credit: (Mar. 3, 1887, ch. 376, § 3, 24 Stat. 557.)

history & why it existsrecord from the source credit
  • 1887Enacted · Act of Mar. 3, 1887, ch. 376 · 24 Stat. 557

A history note hasn’t been published yet. The record shows enactment by ch. 376 on 1887-03-03.

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