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U.S. Code as of:
01/19/04
Section 906. Purchase by bona fide purchasers from grantees; removal of crops and improvements
In all cases where persons being citizens of the United States,
or who have declared their intentions to become such, in accordance
with the naturalization laws of the United States, are in
possession of any of the lands affected by any such grant and
resumed by and restored to the United States, under deed, written
contract with, or license from, the State or corporation to which
such grant was made, or its assignees, executed prior to January 1,
1888, or where persons may have settled said lands with bona fide
intent to secure title thereto by purchase from the State or
corporation when earned by compliance with the conditions or
requirements of the granting Acts of Congress they shall be
entitled to purchase the same from the United States, in quantities
not exceeding three hundred and twenty acres to any one such
person, at the rate of $1.25 per acre, at any time prior to January
1, 1899, and on making said payments to receive patents therefor,
and where any such person in actual possession of any such lands
and having improved the same prior to the 1st day of January, 1890,
under deed, written contract, or license as aforesaid, or his
assignor, has made partial or full payments to said railroad
company prior to said date, on account of the purchase price of
said lands from it, on proof of the amount of such payments he
shall be entitled to have the same, to the extent and amount of
$1.25 per acre, if so much has been paid, and not more, credited to
him on account of and as part of the purchase price herein provided
to be paid the United States for said lands, or such persons may
elect to abandon their purchases and make claim on said lands under
the homestead law and as provided in section 905 of this title:
Provided, That in all cases where parties, persons, or
corporations, with the permission of such State or corporation, or
its assignees, are in the possession of and have made improvements
upon any of the lands resumed and restored, and are not entitled to
enter the same under the provisions of sections 904 to 907 of this
title, such parties, persons, or corporations shall have six months
in which to remove any growing crop, and within which time they
shall also be entitled to remove all buildings and other movable
improvements from said lands: Provided further, That the provisions
of this section shall not apply to any lands situated in the State
of Iowa on which any person in good faith has made or asserted the
right to make a preemption or homestead settlement: And provided
further, That nothing in sections 904 to 907 of this title
contained shall be construed as limiting the rights granted to
purchasers or settlers by sections 894 to 899 of this title, or as
repealing, altering, or amending said sections, nor as in any
manner affecting any cause of action existing in favor of any
purchaser against his grantor for breach of any covenants of title.
Actual residence upon the lands by persons claiming the right to
purchase the same shall not be required where such lands have been
fenced, cultivated, or otherwise improved by such claimants, and
such persons shall be permitted to purchase two or more tracts of
such lands by legal subdivisions, whether contiguous or not, but
not exceeding three hundred and twenty acres in the aggregate.
Nothing herein contained shall be so construed as to interfere
with any adverse claim that may have attached to the lands or any
part thereof.
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