Public Land Settlement Law in 1889, Newspaper Article, Colorado Donated by Lee Zion October 22, 1999 Transcribed from the Wray Republican, Wray, Yuma County, Colorado ------------------ Wray Republican - July 12, 1889 Vol. 1 LAND LAWS Every person who is a citizen of the U.S. or has declared intentions to become such, that is the head of a family, or over 21 years of age (male or female) has three rights to public land. One timber-culture, one pre-emption and one homestead right. Parties having used any one of these rights cannot use that right again. A single woman must be over 21 years in order to exercise her right under the land laws. A singe woman forfeits her pre-emption filing by marriage but not a homestead or timber culture if she continues thereafter to comply with the law, as to residence, improvements and cultivation. A married man under 21 can exercise any land privileges. A timber-culture right and a pre-emption right can be used at the same time by one person or a timber-culture right and a homestead right at the same time. A homestead right and a pre-emption right cannot be used at the same time as both require residency. A party could take a timber claim and a pre-emption and after six months residency, could prove up {the pre-emption} by paying $1.25 per acre for minimum lands {more for better land}, and then take a homestead. This plan gives 480 acres of land to one person at a cash outlay of about 50 cents an acre. Settlement is the sole base of the pre-emption right. A pre-emption filing made prior to the date of alleged settlement is not in accordance with the pre-emption law. Hence, to secure a pre-emption, the party should make settlement on the land and then present his declaration statement and $3.00 for filing (referred as making entry) to the local Land Office (the United States Land Office for this district is located in Denver). Settlement does not mean actual residency, but preparation for it, to be followed up by good faith. The claimant should in person, not by agent, start the erection of a house, or begin some other improvement on the land he selects before he makes the pre-emption filing. Homestead filing costs in Colorado and territories, $16, a soldier's homestead filing, $3. A person taking a homestead has six months to get on his land and erect a house. After five years residence he can prove up by paying $6 commission and no fees. It will cost $14 to file on a timber claim. The applicant is required to go and see the land and make his affidavit within the land district. Five acres on a quarter section is required to be broken or plowed the first year and five acres the second year. The second year, the first five acres must be cultivated to crops or otherwise. The third year, the second five acres must be cultivated and the first five must be planted to timber, seeds or cuttings. {The fourth year, the second five acres must be planted to trees.} Ten acres are thus required. If trees, seeds or cuttings are destroyed by grasshoppers or extreme drought, the time of planting may be extended one year for every year of such destruction. No patent can be issued on a timber-culture entry until after eight years of compliance, but any time from eight to within fourteen years. It is required that 2,700 trees of the proper character be planted on each acre of the ten cultivated and at least 675 living and thrifty trees to each acre are growing at the time of proving up. The list of trees as classified by the United States Land Department: fir, cedar, pine, larch, elm, oak, black locust, honey locust, alder, beech, sycamore, spruce, chestnut, ash, birch, maple, boxelder, walnut, cottonwood, white willow, hickory, whitewood, butternut and basswood. ---End of Article --------------------------- =================================================== Contributed for use by the USGenWeb Archive Project (http://www.usgenweb.org) and by the COGenWeb Archive Project USGENWEB NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access.