Title 43, Public LandsRelease 119-102
§326 Unsurveyed Lands Not Subject to Entry; Preferential Right of Entry After Survey
Title 43 › CHAPTER 9 — DESERT-LAND ENTRIES › § 326
Summary
After March 28, 1908, only public desert lands that have been officially surveyed can be claimed under the desert-land rules. Unsurveyed lands cannot be entered or recorded. If, before a survey, a person who could claim desert land took possession and began reclaiming up to 320 acres in compact form, that person has the first right to claim that tract. They must file the claim within 90 days after the approved survey map is filed in the district land office.
Full Legal Text
Title 43, §326
Public Lands, Source: USLM XML via OLRC
From and after March 28, 1908, the right to make entry of desert lands under the provisions of sections 321 to 323, 325, and 327 to 329 of this title, shall be restricted to surveyed public lands of the character contemplated by said sections, and no such entries of unsurveyed lands shall be allowed or made of record: Provided, however, That any individual qualified to make entry of desert lands under said sections who has, prior to survey, taken possession of a tract of unsurveyed desert land not exceeding in area three hundred and twenty acres in compact form, and has reclaimed or has in good faith commenced the work of reclaiming the same, shall have the preference right to make entry of such tract under said sections, in conformity with the public land surveys, within ninety days after the filing of the approved plat of survey in the district land office.
Reference
Citations & Metadata
Citation
43 U.S.C. § 326
Title 43, Public Lands
Last Updated
Aug 21, 2026
Release point: 119-102