Title 43, Public LandsRelease 119-102

§896 Erroneous Cancellation of Bona Fide Entries Corrected

Title 43 › CHAPTER 21 — GRANTS IN AID OF RAILROADS AND WAGON ROADS › § 896

Last updated Aug 21, 2026|Official source

Summary

When officials reviewing land grants find that a real settler’s homestead or preemption claim was wrongly canceled because of a railroad grant or because the land was taken out of sale, the settler can apply to have the claim put back and finish it by following the public-land laws. This is allowed only if the settler did not take another claim, did not make a replacement entry, and did not willingly abandon the original claim. If the settler does not reapply within a reasonable time set by the Secretary of the Interior, the land will be handled under the public-land laws, giving first right to bona fide purchasers of the unclaimed land, and if there are none, to genuine settlers living on it.

Full Legal Text

Title 43, §896

Public Lands, Source: USLM XML via OLRC

If, in the adjustment of said grants, it shall appear that the homestead or preemption entry of any bona fide settler has been erroneously canceled on account of any railroad grant or the withdrawal of public lands from market, such settler upon application shall be reinstated in all his rights and allowed to perfect his entry by complying with the public-land laws: Provided, That he has not located another claim or made an entry in lieu of the one so erroneously canceled: And provided also, That he did not voluntarily abandon said original entry: And provided further, That if any of said settlers do not renew their application to be reinstated within a reasonable time, to be fixed by the Secretary of the Interior, then all such unclaimed lands shall be disposed of under the public-land laws, with priority of right given to bona fide purchasers of said unclaimed lands, if any, and if there be no such purchasers, then to bona fide settlers residing thereon.

Reference

Citations & Metadata

Citation

43 U.S.C. § 896

Title 43, Public Lands

Last Updated

Aug 21, 2026

Release point: 119-102