Federal Register - August 7, 1936
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Source: Federal Register
mm fi. p i
FEDERAL
VOLUME I
REGSTER
1934
Nnto
NUMBER 105
Washington, Friday, August 7, 1936
DEPARTMENT OF THE INTERIOR.
General Land Office.
Air N avigation S it e W ithdrawal N o . 106
IDAHO
ginning more than twenty years prior to the passage of this act, or to those claiming by virtue of improvements and continuous adverse possession for more than twenty years prior to the passage of this act. Such claims to lots are to be based on the approved survey made in 1827 by James W. Exum, Deputy U. S. Surveyor, or upon a supplemental fiat of survey where same is found to be necessary: Provided, That parties having claims to lots in the city of Pensacola, Florida, and failing to present same within three years after the passage of this act, will be held to have waived their rights so to do, and such unclaimed lots will thereafter be subject to dis position solely under the act of June 28, 1832 Fourth Statute at Large, page 550.
It is ordered, under and pursuant to the provisions of sec tion 4 of the act of May 24, 1928 45 Stat. 728, th a t the following-described tracts of public land in Idaho be, and they are hereby, withdrawn from all forms of appropriation under 1 An application under this act must be filed with the the public-land laws, subject to valid existing rights and as to the tract affected thereby to a power transmission line res Commissioner of the General Land Office, Washington, D. C., ervation under section 24 of the act of June 10,1920 41 Stat. accompanied by the required fee of $5 for each lot described 1063, 1075, for use by the Department of Commerce in the in the application, prior to January 12, 1938.
2 No special form of application is required; but the maintenance of air navigation facilities:
application must be under oath and must state th a t the , - I daho applicant is in possession of the land and is shown by the BOISE MERIDIAN
county records to be the present record owner, claiming T. 5 S., R. 9 E., sec. 26, S W S E S E N W , SE SW SE through a chain of title, legal or equitable, beginning more NWy4;
than twenty years prior to January 12, 1925; or th at appli T. 6 S R. 11 E., sec. 30, fractional SW% of lot 2; aggregating cant was on January 12, 1925, in possession of the land and 12.81 acres.
had been in continuous adverse possession for more than And it is ordered, th at departmental orders of January 1, twenty years prior to th a t date and has made during th at 1919, withdrawing certain lands for reclamation purposes, and time improvements thereon. Applicant must also state April 8, 1935, establishing Idaho Grazing District No. 1, be, whether he desires the claim to be based upon the approved and they are hereby, modified so far as they affect either of survey made in 1827 by James W. Exum, Deputy U. S. Sur the above-described tracts and made subject to the with veyor, or if he believes a supplemental plat of survey to be drawal made by this order.
necessary.
T . A. W alters, 3 If applicant is claiming as record owner, he must file First Assistant Secretary.
an abstract of title certified to by a competent abstracter, showing the record of all conveyances of the land from a P. R. Doc. 1600Filed, August 6, 1936; 9:25 a. m.
date prior to January 12, 1905, to date of filing of the ap plication, and the affidavits of two disinterested parties made of their own personal knowledge th a t the applicant is Circular No. 1400
in possession of the land.
4 If applicant claims by virtue of improvements and R egulations R elative to P atents for L ots in P ensacola, continuous adverse possession, he must file the affidavit of F l o r id a two disinterested witnesses made of their own personal J uly 24, 1936.
knowledge corroborating the statements contained in the The C ommissioner of tttb G eneral L and O ffice .
application.
Sir : The act of June 5, 1936 Public, No. 665, 74th Con 5 If upon consideration of the application in the General gress, provides:
Land Office, it is determined th a t a prima facie showing has That the provisions of the Act entitled An Act authorizing been made th at the applicant is entitled to a patent in the the Secretary of the Interior to determine .tmi confirm hy patent nature of a deed of quitclaim, notice for publication will be in the nature of a deed of quitclaim th e title to lots in the city of Pensacola, Florida, approved January 12, 1925, are hereby prepared in the General Land Office to be published a t the extended and continued to January 12, 1938: Provided, That there expense of the applicant in a newspaper having general be paid to the Commissioner of the General Land Office a fee of circulation within the city of Pensacola, Florida, to be desig $5 for each lot described in an application far a deed of quitclaim under such Act, which fee shall be considered earned, irrespective nated by the Commissioner of the General Land Office. If it be a daily paper, the notice shall be published in the Wednes of the action taken on the application.
day issue for five consecutive weeks; if a weekly, for five The act of January 12, 1925 43 Stat. 738, provides:
consecutive issues, and if a semi-weekly, in either issue for That the Secretary of the Interior be, and is hereby, authorized five consecutive weeks. The applicant will be allowed 30
to determine and confirm by patent in the nature of a deed of quit days from service of notice, within which to begin publication claim the titles to lots in the city of Pensacola, Florida, to those persons, firms, or corporations submitting satisfactory evidence of of the notice, and 90 days from said date, within which to being in possession, and of a chain of title, legal or equitable, be furnish proof of publication as hereinafter required. The 1157