Title 43 — Public LandsRelease 119-73not60
§895 Cancellation of Patents Erroneously Issued; Reconveyance
Title 43 › Chapter 21— GRANTS IN AID OF RAILROADS AND WAGON ROADS › § 895
Summary
If land was wrongly given or titled to a company under U.S. railroad land grants before March 3, 1887, the Secretary of the Interior must demand that the company give the land back to the United States, whether the land is inside the original grant area or in replacement ("indemnity") land. If the company does not return the land within 90 days of that demand, the Attorney General must go to court to cancel the old patents or titles issued before March 3, 1887, and restore the land 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
Apr 5, 2026
Release point: 119-73not60