[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: 43CFR2522.2]



[Page 118]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

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

 

PART 2520_DESERT-LAND ENTRIES--Table of Contents

 

           Subpart 2522_Extensions of Time To Make Final Proof

 

Sec.  2522.2  Procedure on applications for extensions of time, where contest is pending.



    (a) A pending contest against a desert-land entry will not prevent 

the allowance of an application for extension of time, where the contest 

affidavit does not charge facts tending to overcome the prima facie 

showing of right to such extension (41 L.D. 603).

    (b) Consideration of an application for extension of time will not 

be deferred because of the pendency of a contest against the entry in 

question unless the contest charges be sufficient, if proven, to 

negative the right of the entryman to an extension of time for making 

final proof. If the contest charges be insufficient, the application for 

extension, where regular in all respects, will be allowed and the 

contest dismissed subject to the right of appeal, but without prejudice 

to the contestant's right to amend his charges.