§ 178. — Patents for lands in New Mexico; lands contiguous to Spanish or Mexican land grants.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC178]
TITLE 43--PUBLIC LANDS
CHAPTER 7--HOMESTEADS
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 178. Patents for lands in New Mexico; lands contiguous to
Spanish or Mexican land grants
Whenever it shall be shown to the satisfaction of the Secretary of
the Interior that a tract or tracts of public land, contiguous to a
Spanish or Mexican land grant, in the State of New Mexico, not exceeding
in the aggregate one hundred and sixty acres, has or have been held in
good faith and in peaceful, adverse possession by a citizen of the
United States, his ancestors or grantors, for more than twenty years
under claim or color of title, and that valuable improvements have been
placed on such land, or some part thereof has been reduced to
cultivation, the Secretary may, in his discretion, upon the payment of
$1.25 per acre, cause a patent or patents to issue for such land to any
such citizens: Provided, That where the area or areas so held by any
such citizen is in excess of one hundred and sixty acres the Secretary
may determine what particular subdivisions, not exceeding one hundred
and sixty acres in the aggregate, to any such citizen 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:
Provided further, That the term ``citizen'', as used in this section,
shall be held to include a corporation organized under the laws of the
United States or any State or Territory thereof.
(Feb. 23, 1932, ch. 52, 47 Stat. 53.)
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.
