Title 43Public LandsRelease 119-73

§901 Claims of bona fide purchasers; establishment of rights

Title 43 › Chapter CHAPTER 21— - GRANTS IN AID OF RAILROADS AND WAGON ROADS › § 901

Last updated Apr 6, 2026|Official source

Summary

Protects someone who bought land in good faith when a patent or certification was made by mistake. If that buyer tells the Secretary of the Interior about their claim before anyone sues to cancel the patent, and the Secretary finds they really bought in good faith, the Secretary will ask the United States to sue the original grantee for the land’s value. The buyer’s title will be kept, and the amount sued for cannot be more than the government’s minimum price for the land. If the Secretary says the buyer is not in good faith, that decision is not final. If the buyer is made part of the court case and the court finds they bought in good faith, the court will confirm their title and order the United States to recover the land’s value from the grantee as above. A good-faith buyer who was not joined in the suit and did not file with the Secretary can still prove their right in any federal court or use the options in sections 896 and 897.

Full Legal Text

Title 43, §901

Public Lands — Source: USLM XML via OLRC

If any person claiming to be a bona fide purchaser of any lands erroneously patented or certified shall present his claim to the Secretary of the Interior prior to the institution of a suit to cancel a patent or certification, and if it shall appear that he is a bona fide purchaser, the Secretary of the Interior shall request that suit be brought in such case against the patentee, or the corporation, company, person, or association of persons for whose benefit the certification was made, for the value of said land, which in no case shall be more than the minimum Government price thereof, and the title of such claimant shall stand confirmed. An adverse decision by the Secretary of the Interior on the bona fides of such claimant shall not be conclusive of his rights, and if such claimant, or one claiming to be a bona fide purchaser, but who has not submitted his claim to the Secretary of the Interior, is made a party to such suit, and if found by the court to be a bona fide purchaser, the court shall decree a confirmation of the title, and shall render a decree in behalf of the United States against the patentee, corporation, company, person, or association of persons for whose benefit the certification was made for the value of the land as hereinbefore provided. Any bona fide purchaser of lands patented or certified to a railroad company, and who is not made a party to such suit, and who has not submitted his claim to the Secretary of the Interior, may establish his right as such bona fide purchaser in any United States court having jurisdiction of the subject matter, or at his option, as prescribed in section 896 and 897 of this title.

Reference

Citations & Metadata

Citation

43 U.S.C. § 901

Title 43Public Lands

Last Updated

Apr 6, 2026

Release point: 119-73