[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: 43CFR2540.0-5]



[Page 128]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

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

 

PART 2540_COLOR-OF-TITLE AND OMITTED LANDS--Table of Contents

 

         Subpart 2540_Color-of-Title: Authority and Definitions

 

Sec.  2540.0-5  Definition.



    (a) The act, when used in this section means the Act of December 22, 

1928 (45 Stat. 1069; 43 U.S.C. 1068, 1068a), as amended by the Act of 

July 28, 1953 (67 Stat. 227, 43 U.S.C. 1068a).

    (b) The claims recognized by the Act will be referred to in this 

part as claims of class 1, and claim of class 2. A claim of class 1 is 

one which has been held in good faith and in peaceful adverse possession 

by a claimant, his ancestors or grantors, under claim or color of title 

for more than 20 years, on which valuable improvements have been placed, 

or on which some part of the land has been reduced to cultivation. A 

claim of class 2 is one which has been held in good faith and in 

peaceful, adverse possession by a claimant, his ancestors or grantors, 

under claim or color of title for the period commencing not later than 

January 1, 1901, to the date of application, during which time they have 

paid taxes levied on the land by State and local governmental units. A 

claim is not held in good faith where held with knowledge that the land 

is owned by the United States. A claim is not held in peaceful, adverse 

possession where it was initiated while the land was withdrawn or 

reserved for Federal purposes.



[35 FR 9592, June 13, 1970]