§ 906. — Purchase by bona fide purchasers from grantees; removal of crops and improvements.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC906]
TITLE 43--PUBLIC LANDS
CHAPTER 21--GRANTS IN AID OF RAILROADS AND WAGON ROADS
Sec. 906. Purchase by bona fide purchasers from grantees;
removal of crops and improvements
In all cases where persons being citizens of the United States, or
who have declared their intentions to become such, in accordance with
the naturalization laws of the United States, are in possession of any
of the lands affected by any such grant and resumed by and restored to
the United States, under deed, written contract with, or license from,
the State or corporation to which such grant was made, or its assignees,
executed prior to January 1, 1888, or where persons may have settled
said lands with bona fide intent to secure title thereto by purchase
from the State or corporation when earned by compliance with the
conditions or requirements of the granting Acts of Congress they shall
be entitled to purchase the same from the United States, in quantities
not exceeding three hundred and twenty acres to any one such person, at
the rate of $1.25 per acre, at any time prior to January 1, 1899, and on
making said payments to receive patents therefor, and where any such
person in actual possession of any such lands and having improved the
same prior to the 1st day of January, 1890, under deed, written
contract, or license as aforesaid, or his assignor, has made partial or
full payments to said railroad company prior to said date, on account of
the purchase price of said lands from it, on proof of the amount of such
payments he shall be entitled to have the same, to the extent and amount
of $1.25 per acre, if so much has been paid, and not more, credited to
him on account of and as part of the purchase price herein provided to
be paid the United States for said lands, or such persons may elect to
abandon their purchases and make claim on said lands under the homestead
law and as provided in section 905 of this title: Provided, That in all
cases where parties, persons, or corporations, with the permission of
such State or corporation, or its assignees, are in the possession of
and have made improvements upon any of the lands resumed and restored,
and are not entitled to enter the same under the provisions of sections
904 to 907 of this title, such parties, persons, or corporations shall
have six months in which to remove any growing crop, and within which
time they shall also be entitled to remove all buildings and other
movable improvements from said lands: Provided further, That the
provisions of this section shall not apply to any lands situated in the
State of Iowa on which any person in good faith has made or asserted the
right to make a preemption or homestead settlement: And provided
further, That nothing in sections 904 to 907 of this title contained
shall be construed as limiting the rights granted to purchasers or
settlers by sections 894 to 899 of this title, or as repealing,
altering, or amending said sections, nor as in any manner affecting any
cause of action existing in favor of any purchaser against his grantor
for breach of any covenants of title.
Actual residence upon the lands by persons claiming the right to
purchase the same shall not be required where such lands have been
fenced, cultivated, or otherwise improved by such claimants, and such
persons shall be permitted to purchase two or more tracts of such lands
by legal subdivisions, whether contiguous or not, but not exceeding
three hundred and twenty acres in the aggregate.
Nothing herein contained shall be so construed as to interfere with
any adverse claim that may have attached to the lands or any part
thereof.
(Sept. 29, 1890, ch. 1040, Sec. 3, 26 Stat. 496; Feb. 18, 1891, ch. 244,
26 Stat. 764; June 25, 1892, ch. 133, 27 Stat. 59; Jan. 31, 1893, ch.
54, 27 Stat. 427; Dec. 12, 1893, ch. 1, 28 Stat. 15; Jan. 23, 1896, ch.
8, 29 Stat. 4; Feb. 18, 1897, ch. 250, 29 Stat. 535.)
Section Referred to in Other Sections
This section is referred to in sections 904, 905, 907 of this title.
