43 U.S.C. § 994 — Sale of lands in Wisconsin

submitted 101 years ago by ch. 363 to r/title-43-PUBLIC-LANDS · 761 words · no verdicts yet

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The Secretary of the Interior may sell certain mistakenly mapped Wisconsin water-covered lands and may give preference to adjoining owners and good-faith improvers. The section sets claim conflicts, a 160-acre limit, appraisal and payment rules, and Treasury treatment.

The Secretary of the Interior, in his judgment and discretion, is authorized to sell, in the manner in this subsection provided in this section, any of those lands situated in the State of Wisconsin which were originally erroneously meandered and shown upon the official plats as water-covered areas, and which are not lawfully appropriated by a qualified settler or entryman claiming under the public land laws. Any owner in good faith of land shown by the official public land surveys to be bounded in whole or in part by that erroneously meandered area, and who acquired title to that land prior to February 27, 1925, or any citizen of the United States who in good faith under color of title or claiming as a riparian owner had, prior to the date, placed valuable improvements upon or reduced to cultivation any of the lands subject to the operation of this section, must have a preferred right to file in the office of the officer, as the Secretary of the Interior may designate, of the United States land office of the district in which the lands are situated, an application to purchase the lands thus improved by them at any time within ninety days from the date if the lands have been surveyed and plats filed in the United States land office; otherwise within ninety days from the filing of that plats. Every that application must be accompanied with satisfactory proof that the applicant is entitled to that preference right and that the lands which he applies to purchase are not in the legal possession of an adverse claimant under the public land laws. In event that erroneously meandered land is bounded by two or more tracts of land held in private ownership with apparent riparian rights indicated by the official township plat of survey at date of disposal of title by the United States, the Secretary of the Interior or that officer as he may designate must have discretionary power to cause that meandered area, when surveyed, to be divided into that tracts or lots as will permit a fair division of that meandered area among the owners of that surrounding or adjacent tracts under the provisions of this section. In administering the provisions of this section, where there must exist a conflict of claims falling within its operation, if any claimant must have placed valuable improvements upon the land involved, or must have reduced the same to cultivation, then to the extent of that improvements or cultivation, that claimant must be given preference in adjustment of that conflict: Provided, That no preference right of entry under this section must be recognized for a greater area than one hundred and sixty acres, in one body, to any one applicant, whether an individual, an association, or a corporation: Provided further, That this section must not be construed as in any manner abridging the existing rights of any settler or entryman under the public land laws. Upon the filing of an application to purchase any lands subject to the operation of this section, together with the required proof, the Secretary of the Interior must cause the lands described in the application to be appraised, the appraisal to be on the basis of the value of that lands at the date of appraisal, exclusive of any increased value resulting from the development or improvement of it for agricultural purposes by the applicant or his predecessor in interest, but inclusive of the stumpage value of any timber cut or removed by the applicant or his predecessor in interest. An applicant who applies to purchase lands under the provisions of this section, in order to be entitled to receive a patent, must within thirty days from receipt of notice of appraisal by the Secretary of the Interior pay to the officer, as the Secretary of the Interior may designate, of the United States land office of the district in which the lands are situated the appraisal price of the lands, and thereupon a patent must issue to the applicant for that lands as the Secretary of the Interior must determine that that applicant is entitled to purchase under this section. The proceeds derived by the Government from the sale of lands under this section must be covered into the United States Treasury and applied as provided by law for the disposal of the proceeds from the sale of public lands. The Secretary of the Interior is authorized to prescribe all necessary rules and regulations for administering the provisions of this section and determining conflicting claims arising under it.

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

The Secretary of the Interior, in his judgment and discretion, is authorized to sell, in the manner hereinafter provided in this section, any of those lands situated in the State of Wisconsin which were originally erroneously meandered and shown upon the official plats as water-covered areas, and which are not lawfully appropriated by a qualified settler or entryman claiming under the public land laws.

Any owner in good faith of land shown by the official public land surveys to be bounded in whole or in part by such erroneously meandered area, and who acquired title to such land prior to February 27, 1925, or any citizen of the United States who in good faith under color of title or claiming as a riparian owner had, prior to said date, placed valuable improvements upon or reduced to cultivation any of the lands subject to the operation of this section, shall have a preferred right to file in the office of the officer, as the Secretary of the Interior may designate, of the United States land office of the district in which the lands are situated, an application to purchase the lands thus improved by them at any time within ninety days from said date if the lands have been surveyed and plats filed in the United States land office; otherwise within ninety days from the filing of such plats. Every such application must be accompanied with satisfactory proof that the applicant is entitled to such preference right and that the lands which he applies to purchase are not in the legal possession of an adverse claimant under the public land laws.

In event such erroneously meandered land is bounded by two or more tracts of land held in private ownership with apparent riparian rights indicated by the official township plat of survey at date of disposal of title by the United States, the Secretary of the Interior or such officer as he may designate shall have discretionary power to cause such meandered area, when surveyed, to be divided into such tracts or lots as will permit a fair division of such meandered area among the owners of such surrounding or adjacent tracts under the provisions of this section. In administering the provisions of this section, where there shall exist a conflict of claims falling within its operation, if any claimant shall have placed valuable improvements upon the land involved, or shall have reduced the same to cultivation, then to the extent of such improvements or cultivation, such claimant shall be given preference in adjustment of such conflict: Provided, That no preference right of entry under this section shall be recognized for a greater area than one hundred and sixty acres, in one body, to any one applicant, whether an individual, an association, or a corporation: Provided further, That this section shall not be construed as in any manner abridging the existing rights of any settler or entryman under the public land laws.

Upon the filing of an application to purchase any lands subject to the operation of this section, together with the required proof, the Secretary of the Interior shall cause the lands described in said application to be appraised, said appraisal to be on the basis of the value of such lands at the date of appraisal, exclusive of any increased value resulting from the development or improvement thereof for agricultural purposes by the applicant or his predecessor in interest, but inclusive of the stumpage value of any timber cut or removed by the applicant or his predecessor in interest.

An applicant who applies to purchase lands under the provisions of this section, in order to be entitled to receive a patent, must within thirty days from receipt of notice of appraisal by the Secretary of the Interior pay to the officer, as the Secretary of the Interior may designate, of the United States land office of the district in which the lands are situated the appraisal price of the lands, and thereupon a patent shall issue to said applicant for such lands as the Secretary of the Interior shall determine that such applicant is entitled to purchase under this section. The proceeds derived by the Government from the sale of lands under this section shall be covered into the United States Treasury and applied as provided by law for the disposal of the proceeds from the sale of public lands.

The Secretary of the Interior is authorized to prescribe all necessary rules and regulations for administering the provisions of this section and determining conflicting claims arising thereunder.

Source credit: (Feb. 27, 1925, ch. 363, §§ 1–6, 43 Stat. 1013, 1014; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

history & why it existsrecord from the source credit

1925Enacted · Act of Feb. 27, 1925, ch. 363 · 43 Stat. 1013, 1014

A history note hasn’t been published yet. The record shows enactment by ch. 363 on 1925-02-27.

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