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43 USC CHAPTER 25A - LANDS HELD UNDER COLOR OF TITLE 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 25A - LANDS HELD UNDER COLOR OF TITLE

-HEAD-

CHAPTER 25A - LANDS HELD UNDER COLOR OF TITLE

-MISC1-

Sec.

1068. Lands held in adverse possession; issuance of patent;

reservation of minerals; conflicting claims.

1068a. Appraisal.

1068b. Mineral reservation.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 1721 of this title.

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43 USC Sec. 1068 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 25A - LANDS HELD UNDER COLOR OF TITLE

-HEAD-

Sec. 1068. Lands held in adverse possession; issuance of patent;

reservation of minerals; conflicting claims

-STATUTE-

The Secretary of the Interior (a) shall, whenever it shall be

shown to his satisfaction that a tract of public land has been held

in good faith and in peaceful, adverse, possession by a claimant,

his ancestors or grantors, under claim or color of title for more

than twenty years, and that valuable improvements have been placed

on such land or some part thereof has been reduced to cultivation,

or (b) may, in his discretion, whenever it shall be shown to his

satisfaction that a tract of public land has been held in good

faith and in peaceful, adverse, possession by a claimant, his

ancestors or grantors, under claim or color of title for the period

commencing not later than January 1, 1901, to the date of

application during which time they have paid taxes levied on the

land by State and local governmental units, issue a patent for not

to exceed one hundred and sixty acres of such land upon the payment

of not less than $1.25 per acre: Provided, That where the area so

held is in excess of one hundred and sixty acres the Secretary may

determine what particular subdivisions, not exceeding one hundred

and sixty acres, may be patented hereunder: Provided further, That

coal and all other minerals contained therein are reserved to the

United States; that said coal and other minerals shall be subject

to sale or disposal by the United States under applicable leasing

and mineral land laws, and permittees, lessees, or grantees of the

United States shall have the right to enter upon said lands for the

purpose of prospecting for and mining such deposits: And provided

further, That no patent shall issue under the provisions of this

chapter for any tract to which there is a conflicting claim adverse

to that of the applicant, unless and until such claim shall have

been finally adjudicated in favor of such applicant.

-SOURCE-

(Dec. 22, 1928, ch. 47, Sec. 1, 45 Stat. 1069; July 28, 1953, ch.

254, Sec. 1, 67 Stat. 227.)

-REFTEXT-

REFERENCES IN TEXT

The leasing and mineral land laws, referred to in text, probably

mean the mineral leasing laws which are classified generally to

Title 30, Mineral Lands and Mining.

-MISC1-

AMENDMENTS

1953 - Act July 28, 1953, provided for mandatory issuance of land

patents to certain adverse possessors and broadened discretionary

power of Secretary to issue patents to parties who have paid taxes

on certain public lands since Jan. 1, 1901.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1721 of this title.

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43 USC Sec. 1068a 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 25A - LANDS HELD UNDER COLOR OF TITLE

-HEAD-

Sec. 1068a. Appraisal

-STATUTE-

Upon the filing of an application to purchase any lands subject

to the operation of this chapter, 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

of the lands by the applicant or his predecessors in interest, and

in such appraisal the Secretary shall consider and give full effect

to the equities of any such applicant.

-SOURCE-

(Dec. 22, 1928, ch. 47, Sec. 2, 45 Stat. 1070.)

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43 USC Sec. 1068b 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 25A - LANDS HELD UNDER COLOR OF TITLE

-HEAD-

Sec. 1068b. Mineral reservation

-STATUTE-

If the claimant requests that the patent to be issued under this

chapter not contain a mineral reservation and if he can establish

to the satisfaction of the Secretary that the requirements of this

chapter have been complied with by such claimant and his

predecessors for the period commencing not later than January 1,

1901, to the date of application, no mineral reservation shall be

made unless the lands are, at the time of issuance of the patent,

within a mineral withdrawal or subject to an outstanding mineral

lease.

-SOURCE-

(Dec. 22, 1928, ch. 47, Sec. 3, as added July 28, 1953, ch. 254,

Sec. 2, 67 Stat. 228.)

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