Title 43, Public LandsRelease 119-102

§628 Patents to Entered but Unpatented Land

Title 43 › CHAPTER 13 — FEDERAL LANDS INCLUDED IN STATE IRRIGATION DISTRICTS › § 628

Last updated Aug 21, 2026|Official source

Summary

A buyer of entered but unpatented land that is not covered by the Reclamation Act of June seventeenth, nineteen hundred and two can get a government patent after the redemption period ends if no one redeems. To get the patent the buyer or their assignee must pay the minimum price of $1.25 per acre (or any price fixed by law), plus the usual homestead fees and commissions. They must also show the irrigation works have been built and water is available. The buyer or assignee must meet homestead or desert-land entry qualifications. No more than 160 acres may be patented to one purchaser under this chapter. Sales to irrigation districts are not limited by the 160-acre rule, but people who later buy from those districts are limited. If the original purchaser fails to pay within 90 days after redemption ends, any qualified homestead or desert-land entryman may pay the unpaid price, fees, and commissions for up to 160 acres. After proving they paid the purchaser or the proper officer the amount the land brought at the tax sale plus allowed interest and penalties, that person takes the purchaser’s right to the patent. If land inside an approved irrigation district becomes vacant, a new applicant must also show a certificate from the district or county officer proving all district charges and the amounts due holders of tax or delinquency certificates (with interest and penalties) have been paid.

Full Legal Text

Title 43, §628

Public Lands, Source: USLM XML via OLRC

Any entered but unpatented lands not subject to the reclamation Act of June seventeenth, nineteen hundred and two (Thirty-second Statutes, page three hundred and eighty-eight), sold in the manner and for the purposes mentioned in this chapter may be patented to the purchaser thereof or his assignee at any time after the expiration of the period of redemption allowed by law under which it may have been sold (no redemption having been made) upon the payment to the officer designated by the Secretary of the Interior of the local land office of the minimum price of $1.25 per acre, or such other price as may be fixed by law for such lands, together with the usual fees and commissions charged in entries of like lands under the homestead laws, and upon a satisfactory showing that the irrigation works have been constructed and that water of the district is available for such land; but the purchaser or his assignee shall, at the time of application for patent, have the qualification of a homestead entryman or desert-land entryman, and not more than one hundred and sixty acres of said land shall be patented to any one purchaser under the provisions of this chapter. These limitations shall not apply to sales to irrigation districts, but shall apply to purchasers from such irrigation districts of such land bid in by said district. Unless the purchaser or his assignee of such lands shall, within ninety days after the time for redemption has expired, pay to the proper officer designated by the Secretary of the Interior all fees and commissions and the purchase price to which the United States shall be entitled as provided for in this chapter, any person having the qualification of a homestead entryman or a desert-land entryman may pay to the proper officer designated by the Secretary of the Interior for not more than one hundred and sixty acres of said lands, for which payment has not been made, the unpaid purchase price, fees, and commissions to which the United States may be entitled; and upon satisfactory proof that he has paid to the purchaser at the tax sale, or his assignee or to the proper officer of the district for such purchaser or for the district, as the case may be, the sum for which the land was sold at sale for irrigation-district charges or bid in by the district at such sale, and in addition thereto the interest and penalties on the amount bid at the rate allowed by law, shall be subrogated to the rights of such purchaser to receive patent for said land. In any case where any tract of entered land lying within such approved irrigation district shall become vacant by relinquishment or cancellation for any cause, any subsequent applicant therefor shall be required, in addition to the qualifications and requirements otherwise provided, to furnish satisfactory proof by certificate from the proper district or county officer that he has paid all charges then due to the district upon said land and also has paid to the proper district or county officer for the holder or holders of any tax certificates, delinquency certificates, or other proper evidence of purchase at tax sale the amount for which the said land was sold at tax sale, together with the interest and penalties thereon provided by law.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The reclamation Act of June seventeenth, nineteen hundred and two, referred to in text, is act June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as the Reclamation Act, which is classified generally to chapter 12 (§ 371 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 371 of this title and Tables.

Executive Documents

Transfer of Functions

For

Transfer of Functions

of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title. “Officer designated by the Secretary of the Interior” substituted for “register” on authority of section 403 of Reorg. Plan No. 3 of 1946, which abolished all registers of district land offices and transferred functions of register of district land office to Secretary of the Interior. See section 403 of Reorg. Plan No. 3 of 1946, set out as a note under section 1 of this title. Previously, references to “receiver” were changed to “register” by acts Oct. 28, 1921, and Mar. 3, 1925.

Reference

Citations & Metadata

Citation

43 U.S.C. § 628

Title 43, Public Lands

Last Updated

Aug 21, 2026

Release point: 119-102