Page:United States Statutes at Large Volume 44 Part 1.djvu/1416

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5 994 TITLE 48.-PU. ·t11e,,United States of all the coal, oil, ans, and other minerals in the lands so purchased and patented, together rlglét to prospect for, mine, and remove the same.- (F . 19, 1925, c. 2G$,_§§ 1, ’2, gi—$`Stat. 952.)°` j _, _ _ 994. Sale of lands in ·Wisconsin.-—-·Tl.1e Secre of the Interier, in his judgment and diseretion, is au orized to sell, in the manner hereinafter provided, in tlriséfection, any of those lands situated in the State of Wisconsin which were originally eprroneoustly meandered and shown upon. the oincial plats as u·:str~r—covergd areas, and which are not lawfully appropriated by a qualined . settler or entryman claiming under the Public landlaws. " . ‘ { l · I ’ ‘ "` Preference sights; application` for. purchase.-g·Any owner ln. geed faith fu land shown by the omcial publlc land surveys, o te be in whole or in part by such erroneéusly meandered area, and who acquired title to such land prior `to Febru·. ary 25, _1925, or any citizen of me United States`; who in good faith under color ot title or claiming as aa riparian. owner has, prior to said date, placed valuable lxnprovements upon or reduced to culdvation any of the lands subject to the operation of this smtion, shall have a_ preferred right to nle in omce of the register ot the United States land oiilce of the district in which othe lands are situated, an application to purchase the lands thus improved by them at any time within ninety days trom said date if the lands have been surveyed and plats filed m, the Suited States land o$ce ;_ otherwise within ninety days from the nllng of such plats. Every such application must-be accompanied with satisfactory proof that I the applicant is en-.- htled to such preference right and that the lands which he appliw to purchase are not in the legal possession ot an adverse claimant under the public land laws, .· · . ·

 Oovqlictiag oldima.-——In, event such erroneously, meandered v

land is bounded by two or more tracts of land heldin private ownership with apparent riparian rights indicated by the om- · cial townshipiplat of survey at date of disposal. of title by the United States,. the Commissioner of. the General Land Omce shall have discretionary power ·to cause such meandered area, _ when surveyed, to be divided into such tracts or lots-as will permit a {air division oi! such meandered area among _ the owners of such surrounding or adjacent tracts under the provisions of this section. In administering the provisions of this section, . where there shall exist a conilict of claims falling within its operation, if·an·y claimant shall have placed valuable improvements upon the land involved, or shall have reduced the ` same to cultivation, then to tbei extent of such improvements sor cultivanon, such claimant shall be given preference in adjustment of such condict: Provided, That no preference right of entry. under this section shall be recognized for a greater area than one hundred and sixty acres, in one body, to any one applicant, whether an individual, an association, or a corporation: Provlded further, ilfhat this section shall not be construed as in any manner abridging the rights of any settler or entry- man under the public land laws existing prior to February 27, ` 1925. _ I p , ‘ A pprae’sa1.—-—Upon the ming oftan application to purchase any lands subject to the operation otthis section, together with the required proof, the Secretary of the Interior shall cause the lands described ·in said application to be appralxd, appraisal to be on the basis of the value of such lands at the date of appraisal, exclusive of any increased value resulting from the development or improvement thereof for agricultural purposes by the applicant or his predecessor in. interest, but v inclusive of the stumpage value ot any timber or removed by the applicant or his precedessor in interest; Payment for land.—An= applicant who appliw to purchase lands under the provisions of this section, ln order é to be entitled to receive a patent, must within thirty days v

Bnzv/usps - 1402 46m“»raceipt of notice of appraisal 'by the Secretarymof the Interior pay to register of Lthe United States land onine or the district in which the lands. are situated the appraisal price of the lands, and thereupon a patent shall issue to said applicant for ° such lands as the Secretary ot the Interimshall determine that such applicant is entitled to purchaseundér ithis section. The proceeds derived by the Government from the sale of lands under this scctionshall be covered inte the UnitedStates Treasury and applied as provided by law for the disposal·o1!·the proceeds from the sale ·ot public glands.

 Rules- and regulatiom.yThe Secretary° of the Interior is

authorized. to. prescribe all necessary rules and regulations for administering the provisions of _ this section and determining conilicting claims arising thereunder. (Feb. 27, 1925, c. 363, y. §§ 1-6} 43} Stat. 1014.)* ° · _ · E , e Ghapter 24.-—DRZAINAGE UNDER STATE LAWS. ` ‘ ‘ ‘IQANDS_ IN MINNESOTA Sec. - · - . _ · — . . l021. Bubjcction of lands in Minnesota to State laws for drainage for · l · agricultural purposes,. — v_ 1922, _4pportionment.ot cost of works. “ _1_023. Sale for enforcement of charges. 1024. Certincation `of statement of sale. 1025. Uncntered lands ;· patents to purchasers. , . 1026. Entered lands; patents to purchasers of entered lands; forfeiture on nonpayment. .1027, Notices to register and to cntrynen. . ,1028. Chippewa Indian lands; erronooiu cash entries validated. _ LAND8 IN ARKANSAS · · U 1041.. Bubjcction of lands to State lawskv rizhts `of persons holding . . —unpatentcd‘lands; lands included, _ 1042. Qanals, ditches, levees, and other drainage w•i·ks; smmment { otcostot. ._ ‘, 1048. Lien ot assessments ;‘ enforcement ;, calc of lands. 1044} Excess ot price of lurk sold to enforce Hen of • cnts. · 1045. Patents to purchasers at •al_e ot lands to enforce assessments. 104d. _Patents·to qualified homestead cntrymen on failure ohparchaaers ` at sale to apply for patents. · # - 1047. Copies ot notices rcquirod by State drainage laws; rights at " · United Btaterand cntrymen. 1048; Lands not affected. y W U LANDS IN MINNESOTA Section 1021. Subjcction ?of lands Minnesota to State laws for drainagepfor agricultural .pm·poscs.——All lands in the Staté of Minnesota, when subject to entry, and all entered lands for which no = final certiilcates 'havc issued, are hereby made and declared to be subject to allot the provisions ot the laws ofsaid State relating to the drainage of swamp or ovendowed lands for agricultural purposeseto the same extent and in the samemanncr in which lands of a like character held in private ownership are or may be subject to said laws? Provided, That the United States and all persons legally helding unpatented lands under entries made under the publicland_ laws of the United States areaccorded all the rights, privileges, and `benents given by said laws to persons holding lands of a like character in private ownership. (May 20, 1909, c. 181, I 1, 35 Stat, 169.) ° . ` ` 1022. Apportionment of cost _ of works.--The cost of constructing canals, ditches, and other drainage works incurred inlconnection with any drainage project under said laws shall be equitably apportioned among all lands held ln private ownership, all lands covered by unpatented entries, and all uncntered public lands atected by such project; and omcially ccrtihad lists showing the, amount of the charges assessed against--each smallest lwnl subdivision of such lands shall be to the register of the land district in which the lands a£ccted are located is soon as said »ch_arges are assessed, but nothin: in this division ot this chapter shall be construed as cruting any obligation on the United States to pay any oi nid charms. (May 20, 1908, 0. ).81, I 2, 85 Stat. 169.)