[Code of Federal Regulations]

[Title 43, Volume 2]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 43CFR2521.4]



[Page 110-111]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR

 

PART 2520_DESERT-LAND ENTRIES--Table of Contents

 

                         Subpart 2521_Procedures

 

Sec.  2521.4  When lands may be sold, taxed, or mortgaged.



    (a) After final proof and payment have been made the land may be 

sold and conveyed to another person without the approval of the Bureau 

of Land Management, but all such conveyances are nevertheless subject to 

the superior rights of the United States, and the title so contained 

would fall if it should be finally determined that the entry was illegal 

or that the entryman had failed to comply with the law.

    (b) Lands embraced in unperfected desert-land entries are not 

subject to taxation by the State authorities, nor to levy and sale under 

execution to satisfy judgments against the entrymen, except as 

hereinafter set forth in this section.

    (c) Lands embraced in desert-land entries within an irrigation 

district which the Secretary of the Interior has approved under the Act 

of August 11, 1916 (39 Stat. 506; 43 U.S.C. 621-630), may be taxed and 

otherwise dealt with as provided by said act, and lands in desert-land 

entries within irrigation



[[Page 111]]



projects constructed under the Reclamation Act may be taxed as provided 

for by the Act of June 13, 1930 (46 Stat. 581; 43 U.S.C. 455, 455a-

455c).

    (d) A desert-land entryman may, however, mortgage his interest in 

the entered land if, by the laws of the State in which the land is 

situated, a mortgage of land is regarded as merely creating a lien 

thereon and not as a conveyance thereof. The purchaser at a sale had for 

the foreclosure of such mortgage may be recognized as assignee upon 

furnishing proof of his qualifications to take a desert-land entry by 

assignment. Transferees, after final proof, mortgagees, or other 

encumbrancers may file in the proper office written notice stating the 

nature of their claims, and they will there upon become entitled to 

receive notice of any action taken by the Bureau of Land Management with 

reference to the entry.

    (e) The filing of all notices of recordation of claim by 

transferees, mortgagees or other encumbrancer under this section must be 

accompanied by a service charge of $10 which will not be returnable.