§3993 — Title 50 War and National Defense | U.S. Code

Summary

If someone claimed desert land and then goes into military service, their claim cannot be canceled for not spending the required amount per acre, for not finishing reclamation while they are in the service (or for 180 days after they leave), or while they are hospitalized or in rehab for a duty-related injury or disability. If they are honorably discharged and a service injury stops them from finishing reclamation or paying, they can, under rules from the Secretary of the Interior, prove their claim and receive legal ownership without doing more reclamation or payments. To get these protections, they must file a notice in the local land office within 180 days after entering military service saying they are serving and want to keep the claim.

Title 50, §3993

War and National Defense — Source: USLM XML via OLRC

(a)A desert-land entry made or held under the desert-land laws before the entrance of the entryman or the entryman’s successor in interest into military service shall not be subject to contest or cancellation—

(1)for failure to expend any required amount per acre per year in improvements upon the claim;

(2)for failure to effect the reclamation of the claim during the period the entryman or the entryman’s successor in interest is in the military service, or for 180 days after termination of or release from military service; or

(3)during any period of hospitalization or rehabilitation due to an injury or disability incurred in the line of duty.

(b)If an entryman or claimant is honorably discharged and is unable to accomplish reclamation of, and payment for, desert land due to a disability incurred in the line of duty, the entryman or claimant may make proof without further reclamation or payments, under regulations prescribed by the Secretary of the Interior, and receive a patent for the land entered or claimed.

(c)In order to obtain the protection of this section, the entryman or claimant shall, within 180 days after entry into military service, cause to be filed in the land office of the district where the claim is situated a notice communicating the fact of military service and the desire to hold the claim under this section.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 563 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

Prior Provisions

A prior section 503 of act Oct. 17, 1940, ch. 888, art. V, 54 Stat. 1187, related to death or incapacity during or resulting from service as affecting rights and perfection of rights, prior to the general amendment of this Act by Pub. L. 108–189. See section 3996 of this title.

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.

§3993 Desert-land entries