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Originally Posted by palani
Jerry
To the best of my knowledge land patents are issued one time by the U.S. government. They may re-write it and re-issue it if it can be shown a mistake was made on the orginal document. The government transfers ALL interest to the original private owner and he may will it or ASSIGN it at his or her discretion (see phrase 'heirs or assigns' on patent). The BLM has no duty to keep records of every land transaction.
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As indicated earlier, it depends on the nature of the congressional Act; the language thereof, as that is the law regarding the land patent... not the federal statute, unless the language of the Congressional act so establishes that the patent would from that point forward be handled according to statute. In the case of it being governed by statute, it would be the statutes at the time of issuance.
The homestead act, as an example establishes criteria wherein the land can be sold, when and how. It also establishes that the purchaser has the entitlement to receive a patent. The state cannot issue a patent that would supercede that of the federal government, therefore, that purchaser would of necessity be requirred to go through the feds in order to receive his/her new patent. Excerpt in pertinent part "and the purchaser shall acquire the absolute title by the purchase, and be entitled to a patent from the United States, on payment of the office fees and sum of money herein specified."
As stipulated above, other details regulating the sale of the land are included in the text of the pertinent Law.
Jerry.
