43 U.S.C. § 987 — Lands to be certified to State within one year

submitted 101 years ago by Congress to r/title-43-PUBLIC-LANDS · 335 words · no verdicts yet

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This section assigns the Commissioner of the General Land Office the duty to certify certain California lands and sets procedures for reviewing and surveying those lands. A Supervisor of Surveys must make certain segregation surveys within one year after the Governor applies for them.

It is the duty of the Commissioner of the General Land Office to certify to the State of California as swamp and overflowed lands all lands shown as such on approved township surveys and plats made under United States authority, whether the surveys and plats were made before or after July 23, 1866. The Supervisor of Surveys, under the direction of the Commissioner of the General Land Office, must examine the segregation maps and surveys of swamp and overflowed lands made by California. Where the Supervisor finds that they conform to the United States survey system, the Supervisor must construct and approve township plats accordingly and send them to the General Land Office for approval. When segregating large bodies of land that are notoriously and obviously swamp and overflowed, it is not necessary to subdivide them; it is enough to run the body’s exterior lines. If those State surveys are found not to follow the United States survey system, and in other townships where the United States has made no survey, the Commissioner must direct the Supervisor of Surveys to make segregation surveys, upon application by the Governor of California, within one year after that application. The surveys must cover all swamp and overflowed land in those townships and must be reported to the General Land Office, identifying and describing the land that was swamp and overflowed under the grant, based on the best evidence the Supervisor can obtain. If the authorities of California claim as swamp and overflowed any land not shown as such on the map or in the surveyors’ returns, the character of that land on September 28, 1850, the date of the grant, and the right to the land must be determined by testimony taken before the Supervisor of Surveys. The Supervisor decides the matter, subject to the Commissioner of the General Land Office’s approval.

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

It shall be the duty of the Commissioner of the General Land Office, to certify over to the State of California as swamp and overflowed lands, all the lands represented as such upon the approved township surveys and plats, whether made before or after the 23d day of July 1866, under the authority of the United States.

The Supervisor of Surveys shall under the direction of the Commissioner of the General Land Office, examine the segregation maps and surveys of the swamp and overflowed lands, made by said State; and where he shall find them to conform to the system of surveys adopted by the United States, he shall construct and approve township plats accordingly, and forward to the General Land Office for approval.

In segregating large bodies of land, notoriously and obviously swamp and overflowed, it shall not be necessary to subdivide the same, but to run the exterior lines of such body of land.

In case such State surveys are found not to be in accordance with the system of United States surveys, and in such other townships as no survey has been made by the United States, the commissioner shall direct the Supervisor of Surveys to make segregation surveys, upon application by the governor of said State, within one year of such application, of all the swamp and overflowed land in such townships, and to report the same to the General Land Office, representing and describing what land was swamp and overflowed, under the grant, according to the best evidence he can obtain.

If the authorities of said State, shall claim as swamp and overflowed, any land not represented as such upon the map or in the returns of the surveyors, the character of such land at the date of the grant September 28, 1850, and the right to the same shall be determined by testimony, to be taken before the Supervisor of Surveys, who shall decide the same, subject to the approval of the Commissioner of the General Land Office.

Source credit: (R.S. § 2488; Mar. 3, 1925, ch. 462, 43 Stat. 1144.)

history & why it existsrecord from the source credit

1925Enacted · Act of Mar. 3, 1925, ch. 462 · 43 Stat. 1144

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