43 U.S.C. § 994 : US Code - Section 994: Sale of lands in Wisconsin

Search 43 U.S.C. § 994 : US Code - Section 994: Sale of lands in Wisconsin

The Secretary of the Interior, in his judgment and discretion, is
authorized to sell, in the manner hereinafter provided in this
section, any of those lands situated in the State of Wisconsin
which were originally erroneously meandered and shown upon the
official plats as water-covered areas, and which are not lawfully
appropriated by a qualified settler or entryman claiming under the
public land laws.
Any owner in good faith of land shown by the official public land
surveys to be bounded in whole or in part by such erroneously
meandered area, and who acquired title to such land prior to
February 27, 1925, or any citizen of the United States who in good
faith under color of title or claiming as a riparian owner had,
prior to said date, placed valuable improvements upon or reduced to
cultivation any of the lands subject to the operation of this
section, shall have a preferred right to file in the office of the
officer, as the Secretary of the Interior may designate, of the
United States land office of the district in which the lands are
situated, an application to purchase the lands thus improved by
them at any time within ninety days from said date if the lands
have been surveyed and plats filed in the United States land
office; otherwise within ninety days from the filing of such plats.
Every such application must be accompanied with satisfactory proof
that the applicant is entitled to such preference right and that
the lands which he applies to purchase are not in the legal
possession of an adverse claimant under the public land laws.
In event such erroneously meandered land is bounded by two or
more tracts of land held in private ownership with apparent
riparian rights indicated by the official township plat of survey
at date of disposal of title by the United States, the Secretary of
the Interior or such officer as he may designate shall have
discretionary power to cause such meandered area, when surveyed, to
be divided into such tracts or lots as will permit a fair division
of such meandered area among the owners of such surrounding or
adjacent tracts under the provisions of this section. In
administering the provisions of this section, where there shall
exist a conflict of claims falling within its operation, if any
claimant shall have placed valuable improvements upon the land
involved, or shall have reduced the same to cultivation, then to
the extent of such improvements or cultivation, such claimant shall
be given preference in adjustment of such conflict: Provided, That
no preference right of entry under this section shall be recognized
for a greater area than one hundred and sixty acres, in one body,
to any one applicant, whether an individual, an association, or a
corporation: Provided further, That this section shall not be
construed as in any manner abridging the existing rights of any
settler or entryman under the public land laws.
Upon the filing of an application to purchase any lands subject
to the operation of this section, together with the required proof,
the Secretary 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, exclusive of
any increased value resulting from the development or improvement
thereof for agricultural purposes by the applicant or his
predecessor in interest, but inclusive of the stumpage value of any
timber cut or removed by the applicant or his predecessor in
interest.
An applicant who applies to purchase lands under the provisions
of this section, in order to be entitled to receive a patent, must
within thirty days from receipt of notice of appraisal by the
Secretary of the Interior pay to the officer, as the Secretary of
the Interior may designate, of the United States land office of the
district in which the lands are situated the appraisal price of the
lands, and thereupon a patent shall issue to said applicant for
such lands as the Secretary of the Interior shall determine that
such applicant is entitled to purchase under this section. The
proceeds derived by the Government from the sale of lands under
this section shall be covered into the United States Treasury and
applied as provided by law for the disposal of the proceeds from
the sale of public lands.
The Secretary of the Interior is authorized to prescribe all
necessary rules and regulations for administering the provisions of
this section and determining conflicting claims arising thereunder.