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TOWN SITES, PARKS, AND CEMETERIES.
Revised Statutes, Sec. 2286_Preemptions by counties for seats
of justice.... Secs. 2380–2381—Town sites to be reserved by the President. Secs. 2382-2386—Town sites on public lands platted by occu
pants. Secs. 2387–2389 and 2391–2394—Town site entry by town author
ities in trust for occupants-Mineral lands.... Act of March 3, 1877 (19 Stat., 392)—Limit of reservations for
town sites.. Act of March 3, 1891 (26 Stat.; 1101)-Town sites on mineral lands
not to include mining rights.. TOWN SITES WITHIN GOVERNMENT RECLAMATION
PROJECTS.-Act of April 16, 1906 (34 Stat., 116)—The Sec-
Limit of area-Disposal..
lots—Manner of payment.. ALIENS.-Act of March 2, 1897 (29 Stat., 618)—Town lots or
mining claims may be acquired...
Stat., 502—Cities may purchase lands for...
ciations or private corporation.
Act of April 30, 1908 (35 Stat., 77)—Yuma and Colorado River
1908 (35 Stat., 463)-Cheyenne River and Standing Rock
381 382 383 383
UNITED STATES REVISED STATUTES.
Preemptions by counties for
May 26, 1824, 48., 50
SEC. 2286. There shall be granted to the several counseats of justice. ties or parishes of each State and Territory, where there
are public lands, at the minimum price for which public lands of the United States are sold, the right of preemption to one quarter section of land, in each of the counties or parishes, in trust for such counties or parishes, respectively, for the establishment of seats of justice therein; but the proceeds of the sale of each of such quarter sections shall be appropriated for the purpose of erecting public buildings in the county or parish for which it is located, after deducting therefrom the amount originally paid for the same. And the seat of justice for such counties or parishes, respectively, shall be fixed previously to a sale of the adjoining lands within the county or parish for which the same is located.
Town sites to be reserved by Presi
SEC. 2380. The President is authorized to reserve from dent. Mar.3,1863, the public lands, whether surveyed or unsurveyed, town 1877,'19 8., 392.° sites on the shores of harbors, at the junction of rivers,
important portages, or any natural or prospectivé centers of population.
SEC. 2381. When, in the opinion of the President, the be surveyed into
public interests require it, it shall be the duty of the 1,764 . 8. 1863, 12 Secretary of the Interior to cause any of such reserva
tions, or part thereof, to be surveyed into urban or suburban lots of suitable size, and to fix by appraisement of disinterested persons their cash value, and to offer the same for sale at public outcry to the highest bidder, and thence afterward to be held subject to sale at private entry according to such regulations as the Secretary of the Interior may prescribe; but no lot shall be disposed of at public sale or private entry for less than the appraised value thereof. And all such sales shall be conducted by the register and receiver of the land office in the district in which the reservations may be situated, in accordance with the instructions of the Commissioner of the General Land Office.
SEC. 2382. In any case in which parties have already sites on public lands platted by founded, or may hereafter desire to found, a city or town July 1, 1864, 13 on the public lands, it may be lawful for them to cause
to be filed with the recorder for the county in which the same is situated, a plat thereof, for not exceeding six hundred and forty acres, describing its exterior boundaries according to the lines of the public surveys, where such surveys have been executed; also giving the name of such city or town, and exhibiting the streets, squares, blocks, lots, and alleys, the size of the same, with measurements and area of each municipal subdivision, the lots in which shall each not exceed four thousand two hundred square feet, with a statement of the extent and general character of the improvements;
Town or city
such map and statement to be verified under oath by the
established upon upon unsurveyed lands, it may be lawful, after the exten- unsur ve yed sion thereto of the public surveys, to adjust the extension limits
, nown adlimits of the premises according to those lines, where it justed. can be done without interference with rights which may be vested by sale; and patents for all lots so disposed of at public or private sale shall issue as in ordinary cases.
SEC. 2384. If within twelve months from the estab- When lishment of a city or town on the public domain, the towns parties interested refuse or fail to file in the General fled in twelve Land-Office a transcript map, with the statement and ings by Secretary testimony called for by the provisions of section twenty- "Ibid. three hundred and eighty-two, it may be lawful for the Secretary of the Interior to cause a survey and plat to be made of such city or town, and thereafter the lots in the same shall be disposed of as required by such provisions, with this exception, that they shall each be at an increase of fifty per centum on the minimum of ten dollars per lot.
SEC. 2385. In the case of any city or town, in which Where size of the lots may be variant as to size from the limitation vary from general fixed in section twenty-three hundred and eighty-two, "Mar. 3, 1865, 13 and in which the lots and buildings, as municipal im- S., 530. provements, cover an area greater than six hundred and forty acres, such variance as to size of lots or excess in area shall prove no bar to such city or town claim under the provisions of that section; but the minimum price of each lot in such city or town, which may contain a
of are not
Title to lots subject to mineral rights.
authorities trust for pants.
greater number of square feet than the maximum named in that section, shall be increased to such reasonable amount as the Secretary of the Interior may by rule establish.
SEC. 2386. Where mineral veins are possessed, which possession is recognized by local authority, and to the extent so possessed and recognized, the title to townlots to be acquired shall be subject to such recognized possession and the necessary use thereof; but nothing contained in this section shall be so construed as to recognize any color of title in possessors for mining purposes
as against the United States. Entry of town
SEC. 2387. Whenever any portion of the public lands occu- have been or may be settled upon and occupied as a Mar. 2, 1867, 14 town-site, not subject to entry under the agricultural pre1824, 16 s., 254.), empțion laws, it is lawful, in case such town be incorpo
rated, for the corporate authorities thereof, and, if not incorporated, for the judge of the county court for the county in which such" town is situated, to enter at the proper land-office, and at the minimum price, the land so settled and occupied in trust for the several use and benefit of the occupants thereof, according to their respective interests; the execution of which trust, as to the disposal of lots in such town, and the proceeds of the sales thereof, to be conducted under such regulations as may be prescribed by the legislative authority of the State or Terri
tory in which the same may be situated. preceding section,
SEC. 2388. The entry of the land provided for in the whound to be made. preceding section shall be made, or a declaratory state
ment of the purpose of the inhabitants to enter it as a town-site shall be filed with the register of the proper land-office, prior to the commencement of the public sale of the body of land in which it is included, and the entry or declaratory statement shall include only such land as is actually occupied by the town, and the title to which is in the United States; but in any Territory in which a land-office may not have been established, such declaratory statements may be filed with the surveyor-general of the surveying-district in which the lands are situated,
who shall transmit the same to the General Land-Office. Entry in proportion to num.
SEC. 2389. If upon surveyed lands, the entry shall in ber of inhabl- its exterior limit be made in conformity to the legal sub
Mar. 2, 1867, 14 divisions of the public lands authorized by law; and 1874,* is 0.90 231; where the inhabitants are in number one hundred, and Mar 3, 1877, 19 less than two hundred, shall embrace not exceeding three
hundred and twenty acres; and in cases where the inhabitants of such town are more than two hundred, and less than one thousand, shall embrace not exceeding, six hundred and forty acres; and where the number of inhabitants is one thousand and over one thousand, shall embrace not exceeding twelve hundred and eighty acres; but for each additional one thousand inhabitants, not exceeding five thousand in all, a further grant of three hundred and twenty acres shall be allowed.
Certain acts OL trustees to be
Mar. 2, 1867, 14
1868, 15 S., 67;
Sec. 2391. Any act of the trustees not made in conformity to the regulations alluded to in section twenty- void. three hundred and eighty-seven shall be void.
S., 541; June 23,
1874, 18 8., 254. SEO. 2392. No title shall be acquired, under the fore-o tithe aca going provisions of this chapter, to any mine of gold, mine or mining silver, cinnabar, or copper; or to any valid mining-claim Mar. 2, 1867, 14 or possession held under existing laws.
S., 541; June ,
June 23, 1874, 18 SEC. 2393. The provisions of this chapter shall not Military or othapply to military or other reservations heretofore made Mar. 2, 1867, 14 by the United States, nor to reservations for light- 1877, 19 s., 264.
S., 541; Feb. 28, houses, custom-houses, mints, or such other public purposes as the interests of the United States may require, whether held under reservations through the Land-Office by title derived from the Crown of Spain, or otherwise.
Sec. 2394. The inhabitants of any town located on the imhabitants public lands may avail themselves, if the town authori- lands, right of, to ties choose to do so, of the provisions of sections twenty, June 8, 1868, 15 three hundred and eighty-seven, twenty-three hundred sta. 7 June 23, and eighty-eight, and twenty-three hundred and eightynine; and, in addition to the minimum price of the lands embracing any town site so entered, there shall be paid by the parties availing themselves of such provisions all costs of surveying and platting any such town site, and expenses incident thereto incurred by the United States, before any patent issues therefor; but nothing contained in the sections herein cited shall prevent the issuance of patents to persons who have made or may hereafter make entries, and elect to proceed under other laws relative to town-sites in this chapter set forth.
ACTS OF CONGRESS PASSED SUBSEQUENT TO THE
An Act Respecting the limits of reservations for town sites upon the
public domain. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That aquantit of the existence or incorporation of any town upon the from preemption public lands of the United States shall not be held to by town site. exclude from pre-emption or homestead entry a greater quantity than twenty-five hundred and sixty acres of land, or the maximum area which may be entered as a town-site under existing laws, unless the entire tract claimed or incorporated as such town-site shall, including and in excess of the area above specified, be actually settled upon, inhabited, improved, and used for business and municipal purposes.
SEC. 2. That where entries have been heretofore al- Certain entrles lowed upon lands afterwards ascertained to have been confirmed. embraced in the corporate limits of any town, but which entries are or shall be shown, to the satisfaction of the
within town sites