§628 Patents to Entered but Unpatented Land

Summary

The government can give full ownership (a patent) to a person who bought certain public land that has not yet been patented, once the time to redeem it has passed and no one redeemed it. To get the patent, the buyer or their assignee must pay the minimum price of $1.25 per acre (or whatever price the law requires), plus the usual fees and commissions charged for homestead entries. They must also show that the irrigation works are built and water is available. The buyer or assignee must meet the same qualifications as a homestead or desert-land claimant, and no one can get more than 160 acres under this rule. Sales to irrigation districts are treated differently, but people who buy land from those districts are still limited to 160 acres. If the original buyer does not pay the required price and fees within 90 days after redemption ends, any qualified homestead or desert-land claimant may pay those amounts for up to 160 acres. If that person proves they paid the purchaser or the district the sum for which the land was sold at the tax sale, plus lawful interest and penalties, they take the purchaser’s right to receive the patent. If land inside an approved irrigation district becomes vacant, a later applicant must also provide a certificate from the district or county officer showing they paid all district charges and the amounts due to holders of tax or delinquency certificates, with interest and penalties.