Title 43, Public LandsRelease 119-102

§895 Cancellation of Patents Erroneously Issued; Reconveyance

Title 43 › CHAPTER 21 — GRANTS IN AID OF RAILROADS AND WAGON ROADS › § 895

Last updated Aug 21, 2026|Official source

Summary

After any required adjustments are finished, or sooner if found, if it is discovered that before March 3, 1887 the United States mistakenly gave land titles to a company that claimed a federal railroad grant, the Secretary of the Interior must demand that the company give those lands back to the United States, whether the land was inside the original grant or in indemnity (replacement) lands. If the company does not return the land within 90 days of that demand, the Attorney General must file suit in court to cancel any patents, certificates, or other proof of title issued before March 3, 1887 and restore the title to the United States.

Full Legal Text

Title 43, §895

Public Lands, Source: USLM XML via OLRC

If it shall appear, upon the completion of such adjustments, respectively, or sooner, that lands were, from any cause, prior to March 3, 1887, erroneously certified or patented, by the United States, to or for the use or benefit of any company claiming by, through, or under grant from the United States, to aid in the construction of a railroad, it shall be the duty of the Secretary of the Interior to thereupon demand from such company a relinquishment or reconveyance to the United States of all such lands, whether within granted or indemnity limits; and if such company shall neglect or fail to so reconvey such lands to the United States within ninety days after the aforesaid demand shall have been made, it shall thereupon be the duty of the Attorney General to commence and prosecute in the proper courts the necessary proceedings to cancel all patents, certification, or other evidence of title prior to March 3, 1887, issued for such lands, and to restore the title thereof to the United States.

Reference

Citations & Metadata

Citation

43 U.S.C. § 895

Title 43, Public Lands

Last Updated

Aug 21, 2026

Release point: 119-102