Title 43 — Public LandsRelease 119-73

§178 Patents for lands in New Mexico; lands contiguous to Spanish or Mexican land grants

Title 43 › Chapter CHAPTER 7— - HOMESTEADS › Subchapter SUBCHAPTER I— - GENERAL PROVISIONS › § 178

Last updated Apr 6, 2026|Official source

Summary

The Secretary of the Interior may grant a patent for up to 160 acres of public land in New Mexico that borders a Spanish or Mexican land grant if a U.S. citizen (or their ancestors or grantors) has openly and peacefully possessed it for more than 20 years under a claim of title and has made improvements or farmed part of it, after paying $1.25 per acre. If more than 160 acres were held, the Secretary picks which parts (up to 160 acres) to patent. Coal and other minerals stay owned by the United States but can be leased or sold, and miners may enter to prospect and mine. "Citizen" also includes corporations.

Full Legal Text

Title 43, §178

Public Lands — Source: USLM XML via OLRC

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.

Reference

Citations & Metadata

Citation

43 U.S.C. § 178

Title 43 — Public Lands

Last Updated

Apr 6, 2026

Release point: 119-73