§628 Patents to entered but unpatented land

Summary

If land that was entered but not yet given a government patent was sold under the rules in this chapter and the redemption period has passed with no one redeeming it, the buyer or their assignee can get a patent by paying the local land office officer named by the Secretary of the Interior the minimum price of $1.25 per acre (or whatever price the law sets), plus the normal entry fees and commissions, and by showing that the irrigation works are built and water is available. The buyer or assignee must meet homestead or desert-land entry qualifications, and no one may get a patent for more than 160 acres under these rules. Those acre and qualification limits do not apply when the sale was to an irrigation district, but they do apply to anyone who later buys land from such a district. If the buyer fails to pay those amounts within 90 days after redemption ends, any qualified homestead or desert-land applicant may pay the unpaid price, fees, and commissions for up to 160 acres. After proving they paid the original purchaser or the district the sale amount plus legal interest and penalties, that person steps into the purchaser’s right to obtain the patent. If a tract later becomes vacant, a new applicant must also show a certificate from the district or county officer proving payment of all district charges and of the amounts due to holders of tax-sale certificates, with interest and penalties.