PRIA Logo™
Take the PRIA Score
Title 43 — Public LandsRelease 119-73

§864 Survey of land grants to Florida

Title 43 › Chapter CHAPTER 20— - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES › § 864

Last updated Apr 6, 2026|Official source

Summary

A Florida official in charge of the state's school land grant may ask the Secretary of the Interior (or someone the Secretary names) to survey any unsurveyed public townships or parts of townships in Florida so the state can get the land promised for schools. If the state asks, the Secretary must have those surveys done like other public land surveys. Once the application is filed and the survey map for a township is filed in the right district land office, the lands shown by that survey are held back from settlement or private claims (except earlier valid claims) from the time of the application until 60 days after the township survey map is filed. The state may pick any of those lands that are not in a valid adverse claim during that 60-day period to satisfy its school grant. The state official must publish a notice within 30 days after filing the survey application and keep that notice running for 30 days in a nearby general newspaper, saying the state has the exclusive right to choose lands for 60 days. After 60 days, any unchosen and unclaimed lands are open under the general laws. The Secretary must tell the local land office right away about any withdrawal of townships, and no surveys under this rule may include lands inside the Everglades as defined by Everglades patent number 137 (issued under the Swamp Land Act of 1850).

Full Legal Text

Title 43, §864

Public Lands — Source: USLM XML via OLRC

It shall be lawful for the properly credited agent or official of the State of Florida having in charge the adjustment of its school grant to apply to the Secretary of the Interior, or such officer as he may designate, for the survey of any townships or parts of townships of public land unsurveyed in any of the surveying districts of said State, with a view to satisfy the grant in aid of schools made to said State of Florida to the extent of the full quantity of land called for thereby; and upon the application of said agent or official, the Secretary or such officer as he may designate shall proceed to have the survey or surveys so applied for made, as in the case of surveys of other public lands; and the lands that may be found to fall within the limits of such townships or parts of townships as ascertained by the survey shall be reserved, upon the filing of the application for survey from any adverse appropriation by settlement or otherwise, except under rights that may be found to exist of prior inception, for a period to extend from such application for survey until the expiration of sixty days from date of filing of the township plat of survey in the proper district land office, which period of sixty days the State may select any of such lands not embraced in any valid adverse claim for the satisfaction of its school grant, as aforesaid, with the condition, however, that the agent or official of the State, within thirty days from the date of such filing of the application for survey, shall cause a notice to be published, which publication shall be continued for thirty days from date of first publication in some newspaper of general circulation in the vicinity of the lands likely to be embraced in such townships or parts of townships giving notice to all parties interested of the fact of such application for survey and the exclusive right of selection by the State for the aforesaid period of sixty days as herein provided for, and after the expiration of such sixty days any lands which may remain unselected by the State and not otherwise appropriated according to law shall be subject to disposal under general laws as other public lands: Provided, That the Secretary or such officer as he may designate shall give notice immediately of the reservation of any township or parts of townships to the officials of the local land office of the land district in which the land is situated of the withdrawal of such townships or parts of townships for the purpose hereinbefore provided: Provided further, That nothing herein shall be deemed to authorize the Secretary or such officer as he may designate to survey any lands within the exterior boundaries of the Everglades, as defined in Everglades patent numbered 137, issued to the State of Florida by the United States under the Swamp Land Act of 1850.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Swamp Land Act of 1850, referred to in text, is act Sept. 28, 1850, ch. 84, 9 Stat. 519, which was incorporated into the Revised Statutes of 1878 as R.S. §§ 2479–2481, which are classified to sections 982 to 984 of this title.

Executive Documents

Transfer of Functions

For

Transfer of Functions

of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title. First reference to “Commissioner of the General Land Office” changed to “Secretary of the Interior, or such officer as he may designate,”, and remaining three such references changed to “Secretary or such officer as he may designate”, on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title.

Reference

Citations & Metadata

Citation

43 U.S.C. § 864

Title 43 — Public Lands

Last Updated

Apr 6, 2026

Release point: 119-73