All new patents on land issued after, I believe the date was, 1975 are subject to any and all taxes that would otherwise be applicable to parcels being held under adverse possession. Also, there are no mineral reservations to the grantee on these new patents.
All new patents on land issued after, I believe the date was, 1975 are subject to any and all taxes that would otherwise be applicable to parcels being held under adverse possession. Also, there are no mineral reservations to the grantee on these new patents.
Jerry.
if the land is still subject to taxes, then the land is still encumbered and the patent is "cursed"
(i dont have the proper word atm)
(at this time, i think "cursed" is the right word,
but "redeemed" is the right word to get back what our heavenly father has given us!)
__________________
I claim ownership of and accept responsibility for every word I have written; I cannot claim ownership for any quotes I have made, being the words of whomever I quoted, to whom I say `thank you'.
Last edited by idknow : 02-12-2006 at 10:42 AM.
Reason: sentence structure
In 1999, a friend in New Mexico, who had an attorney, family member, draw up his allodial land patent and filed it, brought it over to me to view. He stated that he would never have to pay taxes on his land.
After reading some of the posted info, i find some of the information to misleading. Much of what is posted by JRB, Shroona and a few others fall into the misleading info catagory. Be very careful because there is very little value in their postings.
if the land is still subject to taxes, then the land is still encumbered and not the patent is "cursed"
(i dont have the proper word atm)
Patents issued under the Homestead act were the most numerous of all the patents. On a particular tract of land here in Florida, inquirry with the state and county officials, indicated that if/when the claim is processed, the county would loose its taxable revenue and the state openly admitted that they currently do not have any interest in the land whatsoever.
Those new patents, as most of this list refer to, are being attempted to be brought forward (out of the name of the original patentee and into their own names), ie. the new patent seeker, is attempting to allocate 1 acre out of a 160 acre original patent. Upon application with the BLM, the old patent (upon approval) would be modified reducing it to 159 acres, and a new patent would be issued to the new patentee.. That new patentee would not fall under the Homestead Act, as it was put on the back burner back in 1976/77.
If you are an heir to the original patentee under the Homestead Act, you can claim your inheritance, if no-one currently on the land has 'updated' the patent thus reducing the quantity of land in the original patent. The Heir would not bring it forward in his/her name, but rather would name him/her/self as executor to the estate of the original patentee.
Under the Homestead Act, the purchaser of a parcel of land that is under patent, has the 'entitlement' to seek a new patent; but when he/she does not seek out that new patent, all he/she is entitled to is the Warranty Deed. An inferrior title to the land.
In 1999, a friend in New Mexico, who had an attorney, family member, draw up his allodial land patent and filed it, brought it over to me to view. He stated that he would never have to pay taxes on his land.
After reading some of the posted info, i find some of the information to misleading. Much of what is posted by JRB, Shroona and a few others fall into the misleading info catagory. Be very careful because there is very little value in their postings.
TITLE 43 CHAPTER 7 > > § 177
§ 177. Patents for lands in New Mexico held under color of title
Release date: 2006-01-11
Whenever it shall be shown to the satisfaction of the Secretary of the Interior that a tract or tracts of public land, not known to be mineral, in the State of New Mexico, not exceeding in the aggregate one hundred and sixty acres, has or have been held in good faith and in peaceful, adverse possession by a citizen of the United States, his ancestors or grantors, for more than twenty years under claim or color of title, and that valuable improvements have been placed on such land, or some part thereof has been reduced to cultivation, the Secretary may, in his discretion, upon the payment of $1.25 per acre, cause a patent or patents to issue for such land to any such citizen: Provided, That where the area or areas so held by any such citizen is in excess of one hundred and sixty acres the Secretary may determine what particular subdivisions, not exceeding one hundred and sixty acres in the aggregate, to any such citizen may be patented under this section: Provided further, That the term “citizen” as used in this section shall be held to include a corporation organized under the laws of the United States or any State or Territory thereof.
§ 178. Patents for lands in New Mexico; lands contiguous to Spanish or Mexican land grants
Release date: 2006-01-11
Whenever it shall be shown to the satisfaction of the Secretary of the Interior that a tract or tracts of public land, contiguous to a Spanish or Mexican land grant, in the State of New Mexico, not exceeding in the aggregate one hundred and sixty acres, has or have been held in good faith and in peaceful, adverse possession by a citizen of the United States, his ancestors or grantors, for more than twenty years under claim or color of title, and that valuable improvements have been placed on such land, or some part thereof has been reduced to cultivation, the Secretary may, in his discretion, upon the payment of $1.25 per acre, cause a patent or patents to issue for such land to any such citizens: Provided, That where the area or areas so held by any such citizen is in excess of one hundred and sixty acres the Secretary may determine what particular subdivisions, not exceeding one hundred and sixty acres in the aggregate, to any such citizen 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: Provided further, That the term “citizen”, as used in this section, shall be held to include a corporation organized under the laws of the United States or any State or Territory thereof.
CHAPTER 9
CHAPTER 9—DESERT-LAND ENTRIES
§ 321. Entry right generally; extent of right to appropriate waters
Release date: 2006-01-11
It shall be lawful for any citizen of the United States, or any person of requisite age “who may be entitled to become a citizen, and who has filed his declaration to become such” and upon payment of 25 cents per acre—to file a declaration under oath with the officer designated by the Secretary of the Interior of the land district in which any desert land is situated, that he intends to reclaim a tract of desert land not exceeding one-half section, by conducting water upon the same, within the period of three years thereafter: Provided, however, That the right to the use of water by the person so conducting the same, on or to any tract of desert land of three hundred and twenty acres shall depend upon bona fide prior appropriation; and such right shall not exceed the amount of water actually appropriated, and necessarily used for the purpose of irrigation and reclamation; and all surplus water over and above such actual appropriation and use, together with the water of all lakes, rivers, and other sources of water supply upon the public lands and not navigable, shall remain and be held free for the appropriation and use of the public for irrigation, mining, and manufacturing purposes subject to existing rights. Said declaration shall describe particularly said one-half section of land if surveyed, and, if unsurveyed, shall describe the same as nearly as possible without a survey. At any time within the period of three years after filing said declaration, upon making satisfactory proof to the officer designated by the Secretary of the Interior of the reclamation of said tract of land in the manner aforesaid, and upon the payment to such officer of the additional sum of $1 per acre for a tract of land not exceeding three hundred and twenty acres to any one person, a patent for the same shall be issued to him. Except as provided in section 3 of the Act of June 16, 1955, as amended, no person may make more than one entry under sections 321 <../uscode43/usc_sec_43_00000321----000-.html> to 323 <../uscode43/usc_sec_43 <../uscode43/usc_sec_43 to 329 <../uscode43/usc_sec_43_00000329----000-.html> of this title. However, in that entry one or more tracts may be included, and the tracts so entered need not be contiguous. The aggregate acreage of desert land which may be entered by any one person under this section shall not exceed three hundred and twenty acres, and all the tracts entered by one person shall be sufficiently close to each other to be managed satisfactorily as an economic unit, as determined under rules and regulations issued by the Secretary of the Interior.
§ 1068 Prev | Next <usc_sec_43_00001068---a000-.html>
§ 1068. Lands held in adverse possession; issuance of patent; reservation of minerals; conflicting claims
Release date: 2006-01-11
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.
§ 1068a Prev <usc_sec_43_00001068----000-.html> | Next <usc_sec_43_00001068---b000-.html>
§ 1068a. Appraisal
Release date: 2006-01-11
Upon the filing of an application to purchase any lands subject to the operation of this chapter, together with the required proof, the Secretary of the Interior shall cause the lands described in said application to be appraised, {snip}
§ 1068b Prev <usc_sec_43_00001068---a000-.html> | Next
§ 1068b. Mineral reservation
Release date: 2006-01-11
If the claimant requests that the patent to be issued under this chapter not contain a mineral reservation and if he can establish to the satisfaction of the Secretary that the requirements of this chapter have been complied with by such claimant and his predecessors for the period commencing 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.
I would have to say that 99% accuracy on my part is pretty valid. The tax issue???? If the feds reserve the mineral rights, then the patentee is essentially paying a 'tax' on the land that is supposedly patented to him/her. It is not a true alloidial title.. he/she is not the sole owner of the land.. Minerals are a part of the land, as well as the air-space above the land and the water beneath and or on the land. So in effect the new patentee gives up the right to the minerals in lieu of having to pay a 'property tax'. Does your friend have the mineral rights?
In 1999, a friend in New Mexico, who had an attorney, family member, draw up his allodial land patent and filed it, brought it over to me to view. He stated that he would never have to pay taxes on his land.
After reading some of the posted info, i find some of the information to misleading. Much of what is posted by JRB, Shroona and a few others fall into the misleading info catagory. Be very careful because there is very little value in their postings.
Freedom, if you know stuff to correct us PLEASE by all means correct us!
I'm making future plans and I must do it correctly!
__________________
I claim ownership of and accept responsibility for every word I have written; I cannot claim ownership for any quotes I have made, being the words of whomever I quoted, to whom I say `thank you'.
TITLE 43 CHAPTER 7 > > § 177
§ 177. Patents for lands in New Mexico held under color of title
Release date: 2006-01-11
Whenever it shall be shown to the satisfaction of the Secretary of the Interior that a tract or tracts of public land, not known to be mineral, in the State of New Mexico, not exceeding in the aggregate one hundred and sixty acres, has or have been held in good faith and in peaceful, adverse possession by a citizen of the United States, his ancestors or grantors, for more than twenty years under claim or color of title, and that valuable improvements have been placed on such land, or some part thereof has been reduced to cultivation, the Secretary may, in his discretion, upon the payment of $1.25 per acre, cause a patent or patents to issue for such land to any such citizen: Provided, That where the area or areas so held by any such citizen is in excess of one hundred and sixty acres the Secretary may determine what particular subdivisions, not exceeding one hundred and sixty acres in the aggregate, to any such citizen may be patented under this section: Provided further, That the term *citizen* as used in this section shall be held to include a corporation organized under the laws of the United States or any State or Territory thereof.
§ 178. Patents for lands in New Mexico; lands contiguous to Spanish or Mexican land grants
Release date: 2006-01-11
Whenever it shall be shown to the satisfaction of the Secretary of the Interior that a tract or tracts of public land, contiguous to a Spanish or Mexican land grant, in the State of New Mexico, not exceeding in the aggregate one hundred and sixty acres, has or have been held in good faith and in peaceful, adverse possession by a citizen of the United States, his ancestors or grantors, for more than twenty years under claim or color of title, and that valuable improvements have been placed on such land, or some part thereof has been reduced to cultivation, the Secretary may, in his discretion, upon the payment of $1.25 per acre, cause a patent or patents to issue for such land to any such citizens: Provided, That where the area or areas so held by any such citizen is in excess of one hundred and sixty acres the Secretary may determine what particular subdivisions, not exceeding one hundred and sixty acres in the aggregate, to any such citizen 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: Provided further, That the term *citizen*, as used in this section, shall be held to include a corporation organized under the laws of the United States or any State or Territory thereof.
CHAPTER 9
CHAPTER 9*DESERT-LAND ENTRIES
§ 321. Entry right generally; extent of right to appropriate waters
Release date: 2006-01-11
It shall be lawful for any citizen of the United States, or any person of requisite age *who may be entitled to become a citizen, and who has filed his declaration to become such* and upon payment of 25 cents per acre*to file a declaration under oath with the officer designated by the Secretary of the Interior of the land district in which any desert land is situated, that he intends to reclaim a tract of desert land not exceeding one-half section, by conducting water upon the same, within the period of three years thereafter: Provided, however, That the right to the use of water by the person so conducting the same, on or to any tract of desert land of three hundred and twenty acres shall depend upon bona fide prior appropriation; and such right shall not exceed the amount of water actually appropriated, and necessarily used for the purpose of irrigation and reclamation; and all surplus water over and above such actual appropriation and use, together with the water of all lakes, rivers, and other sources of water supply upon the public lands and not navigable, shall remain and be held free for the appropriation and use of the public for irrigation, mining, and manufacturing purposes subject to existing rights. Said declaration shall describe particularly said one-half section of land if surveyed, and, if unsurveyed, shall describe the same as nearly as possible without a survey. At any time within the period of three years after filing said declaration, upon making satisfactory proof to the officer designated by the Secretary of the Interior of the reclamation of said tract of land in the manner aforesaid, and upon the payment to such officer of the additional sum of $1 per acre for a tract of land not exceeding three hundred and twenty acres to any one person, a patent for the same shall be issued to him. Except as provided in section 3 of the Act of June 16, 1955, as amended, no person may make more than one entry under sections 321 <../uscode43/usc_sec_43_00000321----000-.html> to 323 <../uscode43/usc_sec_43 <../uscode43/usc_sec_43 to 329 <../uscode43/usc_sec_43_00000329----000-.html> of this title. However, in that entry one or more tracts may be included, and the tracts so entered need not be contiguous. The aggregate acreage of desert land which may be entered by any one person under this section shall not exceed three hundred and twenty acres, and all the tracts entered by one person shall be sufficiently close to each other to be managed satisfactorily as an economic unit, as determined under rules and regulations issued by the Secretary of the Interior.
§ 1068 Prev | Next <usc_sec_43_00001068---a000-.html>
§ 1068. Lands held in adverse possession; issuance of patent; reservation of minerals; conflicting claims
Release date: 2006-01-11
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.
§ 1068a Prev <usc_sec_43_00001068----000-.html> | Next <usc_sec_43_00001068---b000-.html>
§ 1068a. Appraisal
Release date: 2006-01-11
Upon the filing of an application to purchase any lands subject to the operation of this chapter, together with the required proof, the Secretary of the Interior shall cause the lands described in said application to be appraised, {snip}
§ 1068b Prev <usc_sec_43_00001068---a000-.html> | Next
§ 1068b. Mineral reservation
Release date: 2006-01-11
If the claimant requests that the patent to be issued under this chapter not contain a mineral reservation and if he can establish to the satisfaction of the Secretary that the requirements of this chapter have been complied with by such claimant and his predecessors for the period commencing 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.
I would have to say that 99% accuracy on my part is pretty valid. The tax issue???? If the feds reserve the mineral rights, then the patentee is essentially paying a 'tax' on the land that is supposedly patented to him/her. It is not a true alloidial title.. he/she is not the sole owner of the land.. Minerals are a part of the land, as well as the air-space above the land and the water beneath and or on the land. So in effect the new patentee gives up the right to the minerals in lieu of having to pay a 'property tax'. Does your friend have the mineral rights?
Jerry.
Jerry, perhaps my One Good(TM) neuron is fualting, but are you agreeing with I wrote previously regarding the reservation of Right by and to the Feds?
I'm not sure, pls clarify.
__________________
I claim ownership of and accept responsibility for every word I have written; I cannot claim ownership for any quotes I have made, being the words of whomever I quoted, to whom I say `thank you'.
Jerry, perhaps my One Good(TM) neuron is fualting, but are you agreeing with I wrote previously regarding the reservation of Right by and to the Feds?
I'm not sure, pls clarify.
I am simply stating that the lands that are under a warranty deed are taxable under state laws; and that the federals can and will reserve the mineral rights if there is not specific, justifiable and valid reason otherwise (as per the citations listed in my previous).
I am simply stating that the lands that are under a warranty deed are taxable under state laws; and that the federals can and will reserve the mineral rights if there is not specific, justifiable and valid reason otherwise (as per the citations listed in my previous).
Jerry.
ok, so, you are agreing that with any reservation by govt, the lands are still encumbered and not land-patented free-and-clear.
Thanks.
__________________
I claim ownership of and accept responsibility for every word I have written; I cannot claim ownership for any quotes I have made, being the words of whomever I quoted, to whom I say `thank you'.
ok, so, you are agreing that with any reservation by govt, the lands are still encumbered and not land-patented free-and-clear.
Thanks.
The lands are still encumbered and they do not meet the definition of Alloidial. Even the patents issued under the Homestead Act, gave in their description... under Mineral Reservations an emphatic NO ! Meaning all of the alloidial parts of the land were passed on to the Patentee.
The new patents on the otherhand, will specifically stipulate YES on the Mineral Reservations.
As pointed out in the previous set of USC that was sent, even the lands in New Mexico, are requirred to make available, any surplus water for the benefit of the public.
http://www.glorecords.blm.gov/PatentSearch/Default.asp? Look for your own if you are in the eastern states minus the original 13. I have also attached a copy of the patent description and a copy of the actual patent that was issued to my GGrandFather.
Be very careful because there is very little value in their postings.
Linear Mode
