43 U.S.C. § 628 : US Code - Section 628: Patents to entered but unpatented land

Search 43 U.S.C. § 628 : US Code - Section 628: Patents to entered but unpatented land

Any entered but unpatented lands not subject to reclamation Act
of June 17, 1902 (32 Stat. 388) sold in the manner and for the
purposes mentioned in this chapter may be patented to the purchaser
thereof or his assignee at any time after the expiration of the
period of redemption allowed by law under which it may have been
sold (no redemption having been made) upon the payment to the
officer designated by the Secretary of the Interior of the local
land office of the minimum price of $1.25 per acre, or such other
price as may be fixed by law for such lands, together with the
usual fees and commissions charged in entries of like lands under
the homestead laws, and upon a satisfactory showing that the
irrigation works have been constructed and that water of the
district is available for such land; but the purchaser or his
assignee shall, at the time of application for patent, have the
qualification of a homestead entryman or desert-land entryman, and
not more than one hundred and sixty acres of said land shall be
patented to any one purchaser under the provisions of this chapter.
These limitations shall not apply to sales to irrigation
districts, but shall apply to purchasers from such irrigation
districts of such land bid in by said district.
Unless the purchaser or his assignee of such lands shall, within
ninety days after the time for redemption has expired, pay to the
proper officer designated by the Secretary of the Interior all fees
and commissions and the purchase price to which the United States
shall be entitled as provided for in this chapter, any person
having the qualification of a homestead entryman or a desert-land
entryman may pay to the proper officer designated by the Secretary
of the Interior for not more than one hundred and sixty acres of
said lands, for which payment has not been made, the unpaid
purchase price, fees, and commissions to which the United States
may be entitled; and upon satisfactory proof that he has paid to
the purchaser at the tax sale, or his assignee or to the proper
officer of the district for such purchaser or for the district, as
the case may be, the sum for which the land was sold at sale for
irrigation-district charges or bid in by the district at such sale,
and in addition thereto the interest and penalties on the amount
bid at the rate allowed by law, shall be subrogated to the rights
of such purchaser to receive patent for said land.
In any case where any tract of entered land lying within such
approved irrigation district shall become vacant by relinquishment
or cancellation for any cause, any subsequent applicant therefor
shall be required, in addition to the qualifications and
requirements otherwise provided, to furnish satisfactory proof by
certificate from the proper district or county officer that he has
paid all charges then due to the district upon said land and also
has paid to the proper district or county officer for the holder or
holders of any tax certificates, delinquency certificates, or other
proper evidence of purchase at tax sale the amount for which the
said land was sold at tax sale, together with the interest and
penalties thereon provided by law.
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