[Code of Federal Regulations]
[Title 43, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR2631.1]

[Page 181]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
 
PART 2630_RAILROAD GRANTS--Table of Contents
 
Subpart 2631_Patents for Lands Sold by Railroad Carriers (Transportation 
                              Act of 1940)
 
Sec. 2631.1  Applications.

    Application, and supporting evidence, must be filed by the carrier 
in the proper office, accompanied by a nonrefundable application service 
charge of $10. The lands listed in any one application must be limited 
to those embraced in a single sale upon which the claim for patent is 
based. The application should state that it is filed under the railroad 
land grant act involved, properly cited, and subsection (b) of section 
321, Part II, Title III of the Transportation Act of 1940 (54 Stat. 
954). The application must be supported by a showing that the land is of 
the character which would pass under the grant involved, and was not by 
some superior or prior claim, withdrawal, reservation, or other reason, 
excluded from the operation of the grant. Full details of the alleged 
sale must be furnished, such as dates, the terms thereof, the estate 
involved, consideration, parties, amounts and dates of payments, made, 
and amounts due, if any, description of the land, and transfers of 
title. The use, occupancy, and cultivation of the land and the 
improvements placed thereon by the alleged purchaser should be 
described. All statements should be duly corroborated. Available 
documentary evidence, including the contract or deed, should be filed, 
which may be authenticated copies of the originals. An abstract of title 
may be necessary, dependent upon the circumstances of the particular 
case. No application for a patent under this act will be favorably 
considered unless it be shown that the alleged purchaser is entitled 
forthwith to the estate and interest transferred by such patent. 
Evidence of a recorded deed of conveyance from the carrier to the 
purchaser may be required. Where the company has on file an application 
in which the sold lands embraced, it need not file a new application, 
but may file a request for amendment of the pending application to come 
under the Transportation Act of 1940, together with the showing, supra, 
required as to the bona fide sale.