16 U.S.C. § 348
Entries under land laws not affected
Nothing herein contained shall affect any valid existing claim, location, or entry under the land laws of the United States, whether for homestead, mineral, right of way, or any other purpose whatsoever, or shall affect the rights of any such claimant, locator, or entryman to the full use and enjoyment of his land.
Notes of Decisions
Cited in 3
cases, 1958–1960 · leading case: United States v. Dan T. Kennedy, 278 F.2d 121 (9th Cir. 1960).
United States v. Dan T. Kennedy, 278 F.2d 121 (9th Cir. 1960). “Title 16 U.S.C.A. §§ 348 , 355. The proviso at the end of section 355, for example, reads: “ * * * Provided further, That nothing herein contained shall affect any valid existing claim, location, or entry under the land laws of the United States, whether for homestead, mineral,…”
United States v. 40 Acres of Land Situate In Nenana Recording Precinct, 160 F. Supp. 30 (D. Alaska 1958). “16 U.S.C.A. § 348 . It has been held repeatedly that although the Federal Government has the power to take private property essential to the public welfare, it exercises that power only pursuant to specific legislation; that express legislative authority is necessary to…”
United States v. 40 Acres of Land, 162 F. Supp. 939 (D. Alaska 1958). “In order to sustain such power there must be a clear intent of Congress, either by conferring “broad powers” such as held in the Poison and Threlkeld cases, or by specific action as in the Seneca and Crow cases. To sustain the contention of plaintiff would be to stretch the rule…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.