50 U.S.C. § 3993: Desert-land entries

Summary

If a person made a desert-land claim before joining the military, they or their successor will not lose the claim for failing to spend the required amount per acre each year, for failing to reclaim the land while in service or for 180 days after leaving service, or while hospitalized or in rehab for a service injury. Time allowed to make payments and reclamation does not count the military or hospital periods. If honorably discharged and unable to finish reclamation or payments because of a service-related disability, the person can give proof under rules from the Secretary of the Interior and receive a patent without doing more work or payments. To get these protections, a notice must be filed in the local land office within 180 days after entering military service.

Title 50, §3993

War and National Defense, Source: USLM XML via OLRC

(a)Desert-land rights not forfeited

A desert-land entry made or held under the desert-land laws before the entrance of the entryman or the entryman’s successor in interest into military service shall not be subject to contest or cancellation—

(1)for failure to expend any required amount per acre per year in improvements upon the claim;

(2)for failure to effect the reclamation of the claim during the period the entryman or the entryman’s successor in interest is in the military service, or for 180 days after termination of or release from military service; or

(3)during any period of hospitalization or rehabilitation due to an injury or disability incurred in the line of duty.

The time within which the entryman or claimant is required to make such expenditures and effect reclamation of the land shall be exclusive of the time periods described in paragraphs (2) and (3).

(b)Service-related disability

If an entryman or claimant is honorably discharged and is unable to accomplish reclamation of, and payment for, desert land due to a disability incurred in the line of duty, the entryman or claimant may make proof without further reclamation or payments, under regulations prescribed by the Secretary of the Interior, and receive a patent for the land entered or claimed.

(c)Filing requirement

In order to obtain the protection of this section, the entryman or claimant shall, within 180 days after entry into military service, cause to be filed in the land office of the district where the claim is situated a notice communicating the fact of military service and the desire to hold the claim under this section.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 563 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

Prior Provisions

A prior section 503 of act Oct. 17, 1940, ch. 888, art. V, 54 Stat. 1187, related to death or incapacity during or resulting from service as affecting rights and perfection of rights, prior to the general amendment of this Act by Pub. L. 108–189. See section 3996 of this title.

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.

§3993 Desert-land Entries