§ 897. — Patents to purchasers from railroads; purchase money.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC897]
TITLE 43--PUBLIC LANDS
CHAPTER 21--GRANTS IN AID OF RAILROADS AND WAGON ROADS
Sec. 897. Patents to purchasers from railroads; purchase money
As to all lands, except those mentioned in section 896 of this
title, which have been so erroneously certified or patented as
aforesaid, and which have been sold by the grantee company to citizens
of the United States, or to persons who have declared their intention to
become such citizens, the person or persons so purchasing in good faith,
his heirs or assigns, shall be entitled to the land so purchased, upon
making proof of the fact of such purchase at the proper land office,
within such time and under such rules as may be prescribed by the
Secretary of the Interior, after the grants respectively shall have been
adjusted; and patents of the United States shall issue therefor, and
shall relate back to the date of the original certification or
patenting, and the Secretary of the Interior, on behalf of the United
States, shall demand payment from the company which has so disposed of
such lands of an amount equal to the Government price of similar lands;
and in case of neglect or refusal of such company to make payment as
hereafter specified, within ninety days after the demand shall have been
made, the Attorney General shall cause suit or suits to be brought
against such company for the said amount: Provided, That nothing in
sections 894 to 899 of this title shall prevent any purchaser of lands
erroneously withdrawn, certified, or patented as aforesaid from
recovering the purchase money therefor from the grantee company, less
the amount paid to the United States by such company as by said sections
required: And provided, That a mortgage or pledge of said lands by the
company shall not be considered as a sale for the purpose of said
sections, nor shall said sections be construed as a declaration of
forfeiture of any portion of any land grant for conditions broken, or as
authorizing an entry for the same, or as a waiver of any rights that the
United States may have on account of any breach of said conditions.
Provided further, That where such purchasers, their heirs or assigns,
have paid only a portion of the purchase price to the company, which is
less than the Government price of similar lands, they shall be required,
before the delivery of patent for their lands, to pay to the Government
a sum equal to the difference between the portion of the purchase price
so paid and the Government price, and in such case the amount demanded
from the company shall be the amount paid to it by such purchaser.
(Mar. 3, 1887, ch. 376, Sec. 4, 24 Stat. 557; Feb. 12, 1896, ch. 18, 29
Stat. 6.)
Section Referred to in Other Sections
This section is referred to in sections 903, 906 of this title.
