Title 43 — Public LandsRelease 119-73not60

§902 Cancellation; Investigation Before Suit

Title 43 › Chapter 21— GRANTS IN AID OF RAILROADS AND WAGON ROADS › § 902

Last updated Apr 5, 2026|Official source

Summary

Before the Attorney General files a lawsuit to cancel a land patent or certification, anyone who says they bought that land in good faith from the original patentee must bring that claim to the Secretary of the Interior. The Department must investigate that claim before any cancellation case can start. If the Department finds the buyer really did buy in good faith, their ownership stays and no cancellation suit can be filed; instead, the Secretary must ask that a suit be brought against the original patentee (or the company or person who benefited) to recover the value of the land as stated earlier.

Full Legal Text

Title 43, §902

Public Lands — Source: USLM XML via OLRC

If at any time prior to the institution of suit by the Attorney General to cancel any patent or certification of lands erroneously patented or certified a claim or statement is presented to the Secretary of the Interior by or on behalf of any person or persons, corporation or corporations, claiming that such person or persons, corporation or corporations, is a bona fide purchaser or are bona fide purchasers of any patented or certified land by deed or contract or otherwise, from or through the original patentee or corporation to which patent or certification was issued, no suit or action shall be brought to cancel or annul the patent or certification for said land until such claim is investigated in said Department of the Interior; and if it shall appear that such person or corporation is a bona fide purchaser as aforesaid, or that such persons or corporations are such bona fide purchasers, then no such suit shall be instituted and the title of such claimant or claimants shall stand confirmed; but the Secretary of the Interior shall request that suit be brought in such case against the patentee, or the corporation, company, person, or association of persons for whose benefit the patent was issued or certification was made for the value of the land as hereinbefore specified.

Reference

Citations & Metadata

Citation

43 U.S.C. § 902

Title 43 — Public Lands

Last Updated

Apr 5, 2026

Release point: 119-73not60