Title 43, Public LandsRelease 119-102

§177 Patents for Lands in New Mexico Held Under Color of Title

Title 43 › CHAPTER 7 — HOMESTEADS › SUBCHAPTER I — GENERAL PROVISIONS › § 177

Last updated Aug 21, 2026|Official source

Summary

The Secretary of the Interior can issue a land patent for up to 160 acres of public, non‑mineral land in New Mexico when a U.S. citizen (or that person’s ancestors or prior owners) has openly and peacefully possessed the land as if it were theirs for more than 20 years, claimed it as their own, and put valuable improvements on it or farmed part of it. The person must pay $1.25 per acre. If more than 160 acres were held, the Secretary will choose which parcels, not to exceed 160 acres total, can be patented. “Citizen” also includes a corporation formed under U.S. or state laws.

Full Legal Text

Title 43, §177

Public Lands, Source: USLM XML via OLRC

Whenever it shall be shown to the satisfaction of the Secretary of the Interior that a tract or tracts of public land, not known to be mineral, in the State of New Mexico, not exceeding in the aggregate one hundred and sixty acres, has or have been held in good faith and in peaceful, adverse possession by a citizen of the United States, his ancestors or grantors, for more than twenty years under claim or color of title, and that valuable improvements have been placed on such land, or some part thereof has been reduced to cultivation, the Secretary may, in his discretion, upon the payment of $1.25 per acre, cause a patent or patents to issue for such land to any such citizen: Provided, That where the area or areas so held by any such citizen is in excess of one hundred and sixty acres the Secretary may determine what particular subdivisions, not exceeding one hundred and sixty acres in the aggregate, to any such citizen may be patented under this section: Provided further, That the term “citizen” as used in this section shall be held to include a corporation organized under the laws of the United States or any State or Territory thereof.

Reference

Citations & Metadata

Citation

43 U.S.C. § 177

Title 43, Public Lands

Last Updated

Aug 21, 2026

Release point: 119-102