Title 43Public LandsRelease 119-73

§989 Homestead entries by purchasers from Missouri of lands declared not to be swamp lands

Title 43 › Chapter CHAPTER 23— - GRANTS OF SWAMP AND OVERFLOWED LANDS › § 989

Last updated Apr 6, 2026|Official source

Summary

Missouri settlers who, before February 23, 1875, bought land from the State or counties that were claimed as swamp, lived on it, and improved it by $100 have first right to homestead any parcels the United States later finds are not actually swamp. Secretary of the Interior must make rules. This does not affect people who settled under preemption or homestead laws before February 23, 1875.

Full Legal Text

Title 43, §989

Public Lands — Source: USLM XML via OLRC

In all cases in the State of Missouri where lands have, prior to February 23, 1875, been selected and claimed as swamp and overflowed lands by said State, and the various counties therein, by virtue of any Act of Congress, and said lands have been withheld from market in consequence thereof by the General Government, and the said State and counties have sold said lands to actual settlers, and said settlers have improved the same to the value of $100; said settlers, their heirs, assigns, and legal representatives, who have continued to reside thereon, shall have priority of right to homestead all such lands as may be rejected by the United States as not being in fact swamp and overflowed lands; and it shall be the duty of the Secretary of the Interior to make such rules and regulations as may be necessary to carry into effect the provisions of this section: Provided, That nothing herein contained shall prejudice the rights of any person who may have made actual settlement upon such lands under the preemption or homestead laws prior to February 23, 1875.

Reference

Citations & Metadata

Citation

43 U.S.C. § 989

Title 43Public Lands

Last Updated

Apr 6, 2026

Release point: 119-73