§ 1068. — Lands held in adverse possession; issuance of patent; reservation of minerals; conflicting claims.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1068]
TITLE 43--PUBLIC LANDS
CHAPTER 25A--LANDS HELD UNDER COLOR OF TITLE
Sec. 1068. Lands held in adverse possession; issuance of patent;
reservation of minerals; conflicting claims
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.
(Dec. 22, 1928, ch. 47, Sec. 1, 45 Stat. 1069; July 28, 1953, ch. 254,
Sec. 1, 67 Stat. 227.)
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.
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.
Section Referred to in Other Sections
This section is referred to in section 1721 of this title.
