C.F.R. » Title 43 » CHAPTER II—BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR › SUBCHAPTER B—LAND RESOURCE MANAGEMENT (2000) Group 2000—Land Resource Management; General › PART 2540—COLOR-OF-TITLE AND OMITTED LANDS › Subpart 2540—Color-of-Title: Authority and Definitions

43 C.F.R. § 2540.0-5

Definition

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(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 A claim is not held in peaceful, adverse possession where it was initiated while the land was withdrawn or reserved for Federal purposes.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]
Notes of Decisions
Cited in 2 cases, 1973–1975 · leading case: United States v. Wharton, 514 F.2d 406 (9th Cir. 1975).
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United States v. Wharton, 514 F.2d 406 (9th Cir. 1975). “Section 1068(a) provides, in part, that: “The Secretary of the Interior (a) shall, whenever it shall be shown to his satisfaction that a tract of public land has been held in good faith and in peaceful, adverse, possession by a claimant, his ancestors or grantors, under claim or…”
Oma Belle Day v. Walter J. Hickel, Sec'y of the Interior of the United States, 481 F.2d 473 (9th Cir. 1973). “” 43 C.F.R. § 2540.0-5 (b) In the administrative proceeding which was lodged with the trial court, the Director of the Bureau of Land Management noted that the claims of adverse possession asserted by appellant in support of her color-of-title application were (1) a homestead…”
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