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Old 05-06-2005, 03:04 PM
lizardhaven
 
Posts: n/a
FOUND REFERENCE land not forclosed for leins

63 C Am Jur 2d PUBLIC LANDS
section 105:
if title to public land has passed under federal law the property is subject to state law including that relating to liens. an owner may create a lein and the lein may be enforced by forclosure. THE LIEN OF A DEFAULT JUDGEMENT IS NOT, HOWEVER, SUCH A VOLUNTARY LIEN.

I also found a legal basis for taxing land patents held in adverse posession (squatters) this does not affect homesteading grants, i am still looking
NOTICE THAT PAYING TAXES IS A PREREQUISITE FOR THE GRANT, BUT IF THE TERMS IN THE GRANT DO NOT INCLUDE OBLIGATION TO PAY PROPERTY TAX, WOULD IT TECHNICALLY APPLY?

:
43 usc 1068:

1068. Lands held in adverse possession; issuance of patent;
reservation of minerals; conflicting claims

Release date: 2005-03-01

The Secretary of the Interior
(a) shall, whenever it shall be shown to his satisfaction that a tract
of public land has been held in good faith and in peaceful, adverse,
possession by a claimant, his ancestors or grantors, under claim or
color of title for more than twenty years, and that valuable
improvements have been placed on such land or some part thereof has been
reduced to cultivation, or
(b) may, in his discretion, whenever it shall be shown to his
satisfaction that a tract of public land has been held in good faith and
in peaceful, adverse, possession by a claimant, his ancestors or
grantors, under claim or color of title for the period commencing not
later than January 1, 1901, to the date of application during which time
they have paid taxes levied on the land by State and local governmental
units, issue a patent for not to exceed one hundred and sixty acres of
such land upon the payment of not less than $1.25 per acre: Provided,
That where the area so held is in excess of one hundred and sixty acres
the Secretary may determine what particular subdivisions, not exceeding
one hundred and sixty acres, may be patented hereunder: Provided
further, That coal and all other minerals contained therein are reserved
to the United States; that said coal and other minerals shall be subject
to sale or disposal by the United States under applicable leasing and
mineral land laws, and permittees, lessees, or grantees of the United
States shall have the right to enter upon said lands for the purpose of
prospecting for and mining such deposits: And provided further, That no
patent shall issue under the provisions of this chapter for any tract to
which there is a conflicting claim adverse to that of the applicant,
unless and until such claim shall have been finally adjudicated in favor
of such applicant.
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