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Title 43 — Public Lands

Chapter 25 — Unlawful Inclosures or Occupancy; Obstructing Settlement or Transit

§ 1061. Inclosure of or assertion of right to public lands without title

Statutory text

All inclosures of any public lands in any State or Territory of the United States, heretofore or to be hereafter made, erected, or constructed by any person, party, association, or corporation, to any of which land included within the inclosure the person, party, association, or corporation making or controlling the inclosure had no claim or color of title made or acquired in good faith, or an asserted right thereto by or under claim, made in good faith with a view to entry thereof at the proper land office under the general laws of the United States at the time any such inclosure was or shall be made, are declared to be unlawful, and the maintenance, erection, construction, or control of any such inclosure is forbidden and prohibited; and the assertion of a right to the exclusive use and occupancy of any part of the public lands of the United States in any State or any of the Territories of the United States, without claim, color of title, or asserted right as above specified as to inclosure, is likewise declared unlawful, and prohibited.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 48–149 § 1 · 23 Stat. 67

    Enacted · 43 U.S.C. § 1061

    (Feb. 25, 1885, ch. 149, § 1, 23 Stat. 321.)

    Source evidence

    Code source credit
    (Feb. 25, 1885, ch. 149, § 1, 23 Stat. 321.)

0 of 1 references resolved to an enrolled provision · 1 partial

Credits

(Feb. 25, 1885, ch. 149, § 1, 23 Stat. 321.)

Parsed from the official OLRC USLM XML in data/usc_all/usc43.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t43/s1061