§901 Claims of Bona Fide Purchasers; Establishment of Rights

Summary

If someone who says they bought land in good faith files their claim with the Secretary of the Interior before any suit is started to cancel the patent or certificate, and the Secretary finds they really did buy in good faith, the Secretary must ask that a lawsuit be filed against the patentee (or the company or person who got the certificate) to recover the land’s value. That recovery cannot be more than the minimum Government price, and the buyer’s title is confirmed. A negative finding by the Secretary is not final. If the buyer is made a party to the suit and a court finds they bought in good faith, the court will confirm their title and order the United States to recover the land’s value from the patentee (up to the same limit). A buyer who was not sued and did not file with the Secretary may still prove their right in a U.S. court that has authority, or use the options in sections 896 and 897. Note: bona fide purchaser = a buyer who bought the land honestly and paid for it.