Title 43Public LandsRelease 119-73

§906 Purchase by bona fide purchasers from grantees; removal of crops and improvements

Title 43 › Chapter CHAPTER 21— - GRANTS IN AID OF RAILROADS AND WAGON ROADS › § 906

Last updated Apr 6, 2026|Official source

Summary

People who are U.S. citizens or who have declared intent to become citizens and who are in possession of land that the United States took back can buy that land from the United States. That applies when the person got the land under a deed, contract, or license made before January 1, 1888, or when they settled there honestly intending to buy under the State or company rules. They may buy up to 320 acres at $1.25 per acre any time before January 1, 1899, and will get an official title when they pay. If they improved the land before January 1, 1890, and made payments to the railroad company before that date, those payments can be credited toward the $1.25 per acre price (but only up to that amount). Instead of buying, they may abandon that purchase and apply under the homestead law. People or companies who had permission to be on the land and made improvements but are not allowed to buy under these rules get six months to remove growing crops and movable buildings or improvements. The rule does not apply to lands in Iowa where someone in good faith claimed preemption or a homestead. It also does not cut down rights given by earlier laws to buyers or settlers, does not change those laws, and does not affect any existing legal claims a buyer has against a seller for broken title promises. You do not have to live on the land to buy it if you have fenced, cultivated, or otherwise improved it, and you may buy two or more legal tracts (contiguous or not) as long as the total is no more than 320 acres. Nothing here prevents other adverse claims on the land.

Full Legal Text

Title 43, §906

Public Lands — Source: USLM XML via OLRC

In all cases where persons being citizens of the United States, or who have declared their intentions to become such, in accordance with the naturalization laws of the United States, are in possession of any of the lands affected by any such grant and resumed by and restored to the United States, under deed, written contract with, or license from, the State or corporation to which such grant was made, or its assignees, executed prior to January 1, 1888, or where persons may have settled said lands with bona fide intent to secure title thereto by purchase from the State or corporation when earned by compliance with the conditions or requirements of the granting Acts of Congress they shall be entitled to purchase the same from the United States, in quantities not exceeding three hundred and twenty acres to any one such person, at the rate of $1.25 per acre, at any time prior to January 1, 1899, and on making said payments to receive patents therefor, and where any such person in actual possession of any such lands and having improved the same prior to the 1st day of January, 1890, under deed, written contract, or license as aforesaid, or his assignor, has made partial or full payments to said railroad company prior to said date, on account of the purchase price of said lands from it, on proof of the amount of such payments he shall be entitled to have the same, to the extent and amount of $1.25 per acre, if so much has been paid, and not more, credited to him on account of and as part of the purchase price herein provided to be paid the United States for said lands, or such persons may elect to abandon their purchases and make claim on said lands under the homestead law and as provided in section 905 of this title: Provided, That in all cases where parties, persons, or corporations, with the permission of such State or corporation, or its assignees, are in the possession of and have made improvements upon any of the lands resumed and restored, and are not entitled to enter the same under the provisions of sections 904 to 907 of this title, such parties, persons, or corporations shall have six months in which to remove any growing crop, and within which time they shall also be entitled to remove all buildings and other movable improvements from said lands: Provided further, That the provisions of this section shall not apply to any lands situated in the State of Iowa on which any person in good faith has made or asserted the right to make a preemption or homestead settlement: And provided further, That nothing in sections 904 to 907 of this title contained shall be construed as limiting the rights granted to purchasers or settlers by sections 894 to 899 of this title, or as repealing, altering, or amending said sections, nor as in any manner affecting any cause of action existing in favor of any purchaser against his grantor for breach of any covenants of title. Actual residence upon the lands by persons claiming the right to purchase the same shall not be required where such lands have been fenced, cultivated, or otherwise improved by such claimants, and such persons shall be permitted to purchase two or more tracts of such lands by legal subdivisions, whether contiguous or not, but not exceeding three hundred and twenty acres in the aggregate. Nothing herein contained shall be so construed as to interfere with any adverse claim that may have attached to the lands or any part thereof.

Reference

Citations & Metadata

Citation

43 U.S.C. § 906

Title 43Public Lands

Last Updated

Apr 6, 2026

Release point: 119-73