43 U.S.C. § 390pp: Involuntary foreclosure

Summary

Ownership limits under federal reclamation law do not apply to land taken by involuntary foreclosure, similar court actions, debt settlements (including mortgages, real-estate contracts, or deeds of trust), inheritance, or transfer by will if the land was eligible for irrigation before transfer or lost eligibility after a mortgage was recorded but before acquisition. If the land is not qualified afterward, it may get irrigation for up to five years from the acquisition date; after that water stops until transferred to a qualified owner. Section 390ee applies separately to each such acquisition where applicable.

Title 43, §390pp

Public Lands, Source: USLM XML via OLRC

Neither the ownership limitations of this subchapter nor the ownership limitations of any other provision of Federal reclamation law shall apply to lands when the lands are acquired by involuntary foreclosure, or similar involuntary process of law, by bona fide conveyance in satisfaction of a debt (including, but not limited to, a mortgage, real estate contract, or deed of trust), by inheritance, or by devise: Provided, That such lands were eligible to receive irrigation water prior to such transfer of title or the mortgaged lands became ineligible to receive water after the mortgage is recorded but before it is acquired by involuntary foreclosure or similar involuntary process of law or by bona fide conveyance in satisfaction of mortgage: Provided further, That if, after acquisition, such lands are not qualified under Federal reclamation law, including this subchapter, they shall be furnished temporarily with an irrigation water supply for a period not exceeding five years from the effective date of such an acquisition, delivery of irrigation water thereafter ceasing until the transfer thereof to a landowner qualified under such laws: Provided further, That the provisions of section 390ee of this title shall be applicable separately to each acquisition under this section if the lands are otherwise subject to the provisions of section 390ee of this title.

Editorial Notes

References in Text

Federal reclamation law, referred to in text, is defined in section 390aa of this title.

§390pp Involuntary Foreclosure

Summary

Title 43, §390pp

Notes & Related Subsidiaries

Editorial Notes

References in Text

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