Title 43Public LandsRelease 119-73

§896 Erroneous cancellation of bona fide entries corrected

Title 43 › Chapter CHAPTER 21— - GRANTS IN AID OF RAILROADS AND WAGON ROADS › § 896

Last updated Apr 6, 2026|Official source

Summary

Wrongly canceled homestead or preemption entries caused by a railroad grant or land withdrawal can be restored if the genuine settler applies, completes the entry, and did not take another claim, substitute the entry, or abandon it. If the settler misses the deadline set by the Secretary of the Interior, the land will be disposed under public‑land laws, first to genuine buyers, then to genuine settlers.

Full Legal Text

Title 43, §896

Public Lands — Source: USLM XML via OLRC

If, in the adjustment of said grants, it shall appear that the homestead or preemption entry of any bona fide settler has been erroneously canceled on account of any railroad grant or the withdrawal of public lands from market, such settler upon application shall be reinstated in all his rights and allowed to perfect his entry by complying with the public-land laws: Provided, That he has not located another claim or made an entry in lieu of the one so erroneously canceled: And provided also, That he did not voluntarily abandon said original entry: And provided further, That if any of said settlers do not renew their application to be reinstated within a reasonable time, to be fixed by the Secretary of the Interior, then all such unclaimed lands shall be disposed of under the public-land laws, with priority of right given to bona fide purchasers of said unclaimed lands, if any, and if there be no such purchasers, then to bona fide settlers residing thereon.

Reference

Citations & Metadata

Citation

43 U.S.C. § 896

Title 43Public Lands

Last Updated

Apr 6, 2026

Release point: 119-73