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U.S. Code as of:
01/19/04
Section 326. Unsurveyed lands not subject to entry; preferential right of entry after survey
From and after March 28, 1908, the right to make entry of desert
lands under the provisions of sections 321 to 323, 325, and 327 to
329 of this title, shall be restricted to surveyed public lands of
the character contemplated by said sections, and no such entries of
unsurveyed lands shall be allowed or made of record: Provided,
however, That any individual qualified to make entry of desert
lands under said sections who has, prior to survey, taken
possession of a tract of unsurveyed desert land not exceeding in
area three hundred and twenty acres in compact form, and has
reclaimed or has in good faith commenced the work of reclaiming the
same, shall have the preference right to make entry of such tract
under said sections, in conformity with the public land surveys,
within ninety days after the filing of the approved plat of survey
in the district land office.
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