§ 326. — Unsurveyed lands not subject to entry; preferential right of entry after survey.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC326]
TITLE 43--PUBLIC LANDS
CHAPTER 9--DESERT-LAND ENTRIES
Sec. 326. Unsurveyed lands not subject to entry; preferential
right of entry after survey
From and after March 28, 1908, the right to make entry of desert
lands under the provisions of sections 321 to 323, 325, and 327 to 329
of this title, shall be restricted to surveyed public lands of the
character contemplated by said sections, and no such entries of
unsurveyed lands shall be allowed or made of record: Provided, however,
That any individual qualified to make entry of desert lands under said
sections who has, prior to survey, taken possession of a tract of
unsurveyed desert land not exceeding in area three hundred and twenty
acres in compact form, and has reclaimed or has in good faith commenced
the work of reclaiming the same, shall have the preference right to make
entry of such tract under said sections, in conformity with the public
land surveys, within ninety days after the filing of the approved plat
of survey in the district land office.
(Mar. 28, 1908, ch. 112, Sec. 1, 35 Stat. 52.)
Section Referred to in Other Sections
This section is referred to in section 331 of this title.
