[Code of Federal Regulations]
[Title 36, Volume 2]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR254.32]

[Page 312-313]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
          CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 254_LANDOWNERSHIP ADJUSTMENTS--Table of Contents
 
                  Subpart C_Conveyance of Small Tracts
 
Sec.  254.32  Encroachments.

    (a) Conveyances under this subpart are limited to tracts of 10 acres 
or less to resolve encroachments by persons:
    (1) To whom no advance notice was given that the improvements 
encroached or would encroach, and

[[Page 313]]

    (2) Who in good faith relied on an erroneous survey, title search, 
or other land description which did not reveal such encroachment.
    (b) Forest Service officials shall consider the following factors 
when determining whether to convey lands upon which encroachments exist:
    (1) The location of the property boundaries based on historical 
location and continued acceptance and maintenance,
    (2) Factual evidence of claim of title or color of title,
    (3) Notice given to persons encroaching on National Forest System 
lands,
    (4) Degree of development in the encroached upon area, and
    (5) Creation of an uneconomic remnant.