43 C.F.R. Subpart 2541—Color-of-Title Act
Title 43 - Public Lands: Interior
Source: 35 FR 9592, June 13, 1970, unless otherwise noted.
Any individual, group, or corporation authorized to hold title to land in the State and who believes he has a valid claim under color of title may make application. (a) Application. (1) An application for a claim of class 1 or of class 2 must be filed in duplicate on a form approved by the Director. It must be filed in accordance with the provisions of §1821.2 of this chapter. (2) Every application must be accompanied by a filing fee of $10, which will be nonreturnable. (3) The application must be in typewritten form, or in legible handwriting, and it must be completely executed and signed by the applicant. (4) Every applicant must furnish information required in the application form concerning improvements, cultivation, conveyances of title, taxes, and related matters. (b) Description of lands applied for. Application under the act may be made for surveyed or unsurveyed lands. If unsurveyed, the description must be sufficiently complete to identify the location, boundary, and area of the land and, if possible, the approximate description or location of the land by section, township, and range. If unsurveyed land is claimed, final action will be suspended until the plat of survey has been officially filed. (c) Presentation and verification of factual statements. (1) Information relating to all record and nonrecord conveyances, or to nonrecord claims of title, affecting the land shall be itemized on a form approved by the Director. The statements of record conveyances must be certified by the proper county official or by an abstractor. The applicant may be called upon to submit documentary or other evidence relating to conveyances or claims. Abstracts of title or other documents which are so requested will be returned to the applicant. (2) Applicants for claims of class 2 must itemize all information relating to tax levies and payments on the land on a form approved by the Director which must be certified by the proper county official or by an abstractor. (a) Any applicant who satisfied all requirements for a claim of class 1 or class 2 commencing not later than January 1, 1901, to the date of application and who so requests in the application will receive a patent conveying title to all other minerals except: (1) Any minerals which, at the time of approval of the application, are embraced by an outstanding mineral lease or (2) Any minerals for which the lands have been placed in a mineral withdrawal. All other patents will reserve all minerals to the United States. (b) All mineral reservations will include the right to prospect for, mine, and remove the same in accordance with applicable law. (c) The maximum area for which patent may be issued for any claim under the act is 160 acres. Where an area held under a claim or color of title is in excess of 160 acres, the Secretary has authority under the act to determine what particular subdivisions not exceeding 160 acres, may be patented. (a) Price of land. The land applied for will be appraised on the basis of its fair market value at the time of appraisal. However, in determination of the price payable by the applicant, value resulting from improvements or development by the applicant or his predecessors in interest will be deducted from the appraised price, and consideration will be given to the equities of the applicant. In no case will the land be sold for less than $1.25 per acre. (b) Payment. Applicant will be required to make payment of the sale price of the land within the time stated in the request for payment. (a) The applicant will be required to publish once a week for four consecutive weeks in accordance with §1824.3 of this chapter, at his expense, in a designated newspaper and in a designated form, a notice allowing all persons claiming the land adversely to file in the office specified in §2541.1–2(a) their objections to the issuance of patent under the application. A protestant must serve on the applicant a copy of the objections and furnish evidence of such service. (b) The applicant must file a statement of the publisher, accompanied by a copy of the notice published, showing that publication has been had for the required time.
Title 43: Public Lands: Interior
PART 2540—COLOR-OF-TITLE AND OMITTED LANDS
Subpart 2541—Color-of-Title Act
§ 2541.1 Who may apply.
§ 2541.2 Procedures.
§ 2541.3 Patents.
§ 2541.4 Price of land; payment.
§ 2541.5 Publication; protests.
