§ 898. — Rights of purchasers from railroads of coterminous lands not within 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: 43USC898]
TITLE 43--PUBLIC LANDS
CHAPTER 21--GRANTS IN AID OF RAILROADS AND WAGON ROADS
Sec. 898. Rights of purchasers from railroads of coterminous
lands not within grants
Where any said company shall have sold to citizens of the United
States, or to persons who have declared their intention to become such
citizens, as a part of its grant, lands not conveyed to or for the use
of such company, said lands being the numbered sections prescribed in
the grant, and being coterminous with the constructed parts of said
road, and where the lands so sold are for any reason excepted from the
operation of the grant to said company, it shall be lawful for the bona
fide purchaser thereof from said company to make payment to the United
States for said lands at the ordinary Government price for like lands,
and thereupon patents shall issue therefor to the said bona fide
purchaser, his heirs or assigns: Provided, That all lands shall be
excepted from the provisions of this section which at the date of such
sales were in the bona fide occupation of adverse claimants under the
preemption or homestead laws of the United States, and whose claims and
occupation have not since been voluntarily abandoned, as to which
excepted lands the said preemption and homestead claimants shall be
permitted to perfect their proofs and entries and receive patents
therefor: Provided further, That this section shall not apply to lands
settled upon subsequent to the 1st day of December, 1882, by persons
claiming to enter the same under the settlement laws of the United
States, as to which lands the parties claiming the same as aforesaid
shall be entitled to prove up and enter as in other like cases.
(Mar. 3, 1887, ch. 376, Sec. 5, 24 Stat. 557.)
Section Referred to in Other Sections
This section is referred to in sections 897, 903, 906 of this title.
