Title 43 — Public LandsRelease 119-73not60
§989 Homestead Entries by Purchasers From Missouri of Lands Declared Not to Be Swamp Lands
Title 43 › Chapter 23— GRANTS OF SWAMP AND OVERFLOWED LANDS › § 989
Summary
If, before February 23, 1875, Missouri or a county picked land as swamp and overflow land and the Federal government kept it off the market, then people who bought that land, improved it by $100 or more, and kept living on it get the first chance to claim it as a homestead if the United States later decides the land is not actually swamp land. The Secretary of the Interior must make rules to carry this out. This does not affect anyone who settled under the preemption or homestead laws before February 23, 1875.
Full Legal Text
Title 43, §989
Public Lands — Source: USLM XML via OLRC
In all cases in the State of Missouri where lands have, prior to February 23, 1875, been selected and claimed as swamp and overflowed lands by said State, and the various counties therein, by virtue of any Act of Congress, and said lands have been withheld from market in consequence thereof by the General Government, and the said State and counties have sold said lands to actual settlers, and said settlers have improved the same to the value of $100; said settlers, their heirs, assigns, and legal representatives, who have continued to reside thereon, shall have priority of right to homestead all such lands as may be rejected by the United States as not being in fact swamp and overflowed lands; and it shall be the duty of the Secretary of the Interior to make such rules and regulations as may be necessary to carry into effect the provisions of this section: Provided, That nothing herein contained shall prejudice the rights of any person who may have made actual settlement upon such lands under the preemption or homestead laws prior to February 23, 1875.
Reference
Citations & Metadata
Citation
43 U.S.C. § 989
Title 43 — Public Lands
Last Updated
Apr 5, 2026
Release point: 119-73not60