US (United States) Code. Title 43. Chapter 25: Unlawful inclosures or occupancy, obstructing settlement or transit

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Public lands

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-CITE-

43 USC CHAPTER 25 - UNLAWFUL INCLOSURES OR OCCUPANCY;

OBSTRUCTING SETTLEMENT OR TRANSIT 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 25 - UNLAWFUL INCLOSURES OR OCCUPANCY; OBSTRUCTING

SETTLEMENT OR TRANSIT

-HEAD-

CHAPTER 25 - UNLAWFUL INCLOSURES OR OCCUPANCY; OBSTRUCTING

SETTLEMENT OR TRANSIT

-MISC1-

Sec.

1061. Inclosure of or assertion of right to public lands

without title.

1062. Suits for violations of law.

1063. Obstruction of settlement on or transit over public

lands.

1064. Violations of chapter; punishment.

1065. Summary removal of inclosures.

1066. Permission of Secretary to sue.

-End-

-CITE-

43 USC Sec. 1061 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 25 - UNLAWFUL INCLOSURES OR OCCUPANCY; OBSTRUCTING

SETTLEMENT OR TRANSIT

-HEAD-

Sec. 1061. Inclosure of or assertion of right to public lands

without title

-STATUTE-

All inclosures of any public lands in any State or Territory of

the United States, heretofore or to be hereafter made, erected, or

constructed by any person, party, association, or corporation, to

any of which land included within the inclosure the person, party,

association, or corporation making or controlling the inclosure had

no claim or color of title made or acquired in good faith, or an

asserted right thereto by or under claim, made in good faith with a

view to entry thereof at the proper land office under the general

laws of the United States at the time any such inclosure was or

shall be made, are declared to be unlawful, and the maintenance,

erection, construction, or control of any such inclosure is

forbidden and prohibited; and the assertion of a right to the

exclusive use and occupancy of any part of the public lands of the

United States in any State or any of the Territories of the United

States, without claim, color of title, or asserted right as above

specified as to inclosure, is likewise declared unlawful, and

prohibited.

-SOURCE-

(Feb. 25, 1885, ch. 149, Sec. 1, 23 Stat. 321.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1062 of this title.

-End-

-CITE-

43 USC Sec. 1062 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 25 - UNLAWFUL INCLOSURES OR OCCUPANCY; OBSTRUCTING

SETTLEMENT OR TRANSIT

-HEAD-

Sec. 1062. Suits for violations of law

-STATUTE-

It shall be the duty of the United States attorney for the proper

district, on affidavit filed with him by any citizen of the United

States that section 1061 of this title is being violated showing a

description of the land inclosed with reasonable certainty, not

necessarily by metes and bounds nor by governmental subdivisions of

surveyed lands, but only so that the inclosure may be identified,

and the persons guilty of the violation as nearly as may be, and by

description, if the name cannot on reasonable inquiry be

ascertained, to institute a civil suit in the proper United States

district court, or territorial district court, in the name of the

United States, and against the parties named or described who shall

be in charge of or controlling the inclosure complained of as

defendants; and jurisdiction is also conferred on any United States

district court or territorial district court having jurisdiction

over the locality where the land inclosed, or any part thereof,

shall be situated, to hear and determine proceedings in equity, by

writ of injunction, to restrain violations of the provisions of

this chapter; and it shall be sufficient to give the court

jurisdiction if service of original process be had in any civil

proceeding on any agent or employee having charge or control of the

inclosure. In any case if the inclosure shall be found to be

unlawful, the court shall make the proper order, judgment, or

decree for the destruction of the inclosure, in a summary way,

unless the inclosure shall be removed by the defendant within five

days after the order of the court.

-SOURCE-

(Feb. 25, 1885, ch. 149, Sec. 2, 23 Stat. 321; Mar. 3, 1911, ch.

231, Sec. 291, 36 Stat. 1167; June 25, 1948, ch. 646, Sec. 1, 62

Stat. 909; Pub. L. 98-620, title IV, Sec. 402(43), Nov. 8, 1984, 98

Stat. 3360.)

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-620 struck out provision that any suit brought

under this section had precedence for hearing and trial over other

cases on the civil docket of the court, and had to be tried and

determined at the earliest practicable day.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-620 not applicable to cases pending on

Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as a note

under section 1657 of Title 28, Judiciary and Judicial Procedure.

-CHANGE-

CHANGE OF NAME

Act June 25, 1948, eff. Sept. 1, 1948, substituted "United States

attorney" for "district attorney of the United States." See section

541 of Title 28, Judiciary and Judicial Procedure, and Historical

and Revision Notes thereunder.

The words "district court" substituted for "district or circuit

court" in two places to conform to act Mar. 3, 1911, which

abolished the circuit courts and transferred their powers and

duties to the district courts.

-End-

-CITE-

43 USC Sec. 1063 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 25 - UNLAWFUL INCLOSURES OR OCCUPANCY; OBSTRUCTING

SETTLEMENT OR TRANSIT

-HEAD-

Sec. 1063. Obstruction of settlement on or transit over public

lands

-STATUTE-

No person, by force, threats, intimidation, or by any fencing or

inclosing, or any other unlawful means, shall prevent or obstruct,

or shall combine and confederate with others to prevent or

obstruct, any person from peaceably entering upon or establishing a

settlement or residence on any tract of public land subject to

settlement or entry under the public land laws of the United

States, or shall prevent or obstruct free passage or transit over

or through the public lands: Provided, This section shall not be

held to affect the right or title of persons, who have gone upon,

improved, or occupied said lands under the land laws of the United

States, claiming title thereto, in good faith.

-SOURCE-

(Feb. 25, 1885, ch. 149, Sec. 3, 23 Stat. 322.)

-REFTEXT-

REFERENCES IN TEXT

The public land laws of the United States, referred to in text,

are classified generally to this title.

-End-

-CITE-

43 USC Sec. 1064 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 25 - UNLAWFUL INCLOSURES OR OCCUPANCY; OBSTRUCTING

SETTLEMENT OR TRANSIT

-HEAD-

Sec. 1064. Violations of chapter; punishment

-STATUTE-

Any person violating any of the provisions of this chapter,

whether as owner, part owner, or agent, or who shall aid, abet,

counsel, advise, or assist in any violation hereof, shall be deemed

guilty of a misdemeanor and fined in a sum not exceeding $1,000, or

be imprisoned not exceeding one year, or both, for each offense.

-SOURCE-

(Feb. 25, 1885, ch. 149, Sec. 4, 23 Stat. 322; Mar. 10, 1908, ch.

75, 35 Stat. 40.)

-End-

-CITE-

43 USC Sec. 1065 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 25 - UNLAWFUL INCLOSURES OR OCCUPANCY; OBSTRUCTING

SETTLEMENT OR TRANSIT

-HEAD-

Sec. 1065. Summary removal of inclosures

-STATUTE-

The President is authorized to take such measures as shall be

necessary to remove and destroy any unlawful inclosure of any of

the public lands mentioned in this chapter, and to employ civil or

military force as may be necessary for that purpose.

-SOURCE-

(Feb. 25, 1885, ch. 149, Sec. 5, 23 Stat. 322.)

-End-

-CITE-

43 USC Sec. 1066 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 25 - UNLAWFUL INCLOSURES OR OCCUPANCY; OBSTRUCTING

SETTLEMENT OR TRANSIT

-HEAD-

Sec. 1066. Permission of Secretary to sue

-STATUTE-

Where the alleged unlawful inclosure includes less than one

hundred and sixty acres of land, no suit shall be brought under the

provisions of this chapter without authority from the Secretary of

the Interior.

-SOURCE-

(Feb. 25, 1885, ch. 149, Sec. 6, 23 Stat. 322.)

-End-