Color of Title Act of Congress

Color of Title


* Act of December 22, 1928 (P.L. 70-645, Ch. 47, 45 Stat. 1069, as amended; 43 U.S.C. 1068, 1068a, 1068b)



Lands Held in Adverse Posses-sion; Issuance of Patent; Reserva-tion of Minerals; Conflicting Claims


Sec. 1. 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 ances-tors 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 cultiva-tion, 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 ances-tors or grantors, under claim or color of title for the period com-mencing 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 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 Secre-tary 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 here-by reserved to the United States; that said coal and other minerals shall be subject to sale or disposal by the United States under applica-ble 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 adjudi-cated in favor of such applicant. (43 U.S.C. 1068)


Appraisal


Sec. 2. Upon filing of an appli-cation to purchase any lands subject to the operation of this Act, together with the required proof, the Secre-tary of the Interior shall cause the lands described in said application to be appraised, said appraisal to be on the basis of the value of such lands at the date of appraisal, exclu-sive of any increased value resulting from the development or improvement of the lands by the applicant or his predecessors in interest, and in such appraisal, the Secretary shall consid-er and give full effect to the equities of any applicant. (43 U.S.C. 1068a)


Mineral Reservation


Sec. 3. If the claimant requests that the patent to be issued under this Act not contain a mineral reservation and if he can establish to the satisfaction of the Secretary that the requirements of this Act have been complied with by such claimant and his predecessors for the period com-mencing not later than January 1, 1901, to the date of application, no mineral reservation shall be made unless the lands are, at the time of issuance of the patent, within a mineral withdrawal or subject to an outstanding mineral lease. (43 U.S.C. 1068b)