This section and section 141 11 See References in Text note below. of this title shall not be construed as a recognition, abridgment, or enlargement of any asserted rights or claims initiated upon any oil- or gas-bearing lands after any withdrawal of such lands made prior to June 25, 1910: And provided further, That there shall be excepted from the force and effect of any withdrawal made under the provisions of this section and section 141 1 of this title all lands which are, on the date of such withdrawal, embraced in any lawful homestead or desert-land entry theretofore made, or upon which any valid settlement has been made and is at said date being maintained and perfected pursuant to law; but the terms of this proviso shall not continue to apply to any particular tract of land unless the entryman or settler shall continue to comply with the law under which the entry or settlement was made.
Notes of Decisions
State v. Alaska Land Title Ass'n, 667 P.2d 714 (Alaska 1983).
· cites it 2× “43 U.S.C. § 142 states that "there shall be excepted from the force and effect of any withdrawal made under the provisions of .”
United States v. Pan-Am. Petroleum Co., 55 F.2d 753 (9th Cir. 1932).
“43 USCA § 142. Following the above act, the President, on July 2, 1910, confirmed a number of withdrawal orders made theretofore covering a large number of acres, including the lands here considered.”
United States Ex Rel. United States Borax Co. v. Ickes, 98 F.2d 271 (D.C. Cir. 1938).
“421, § 2, 43 U.S.C.A. § 142 . This Act saved, in respect of oil or gas lands, the rights of persons who at the'date of withdrawal of public lands from entry were bona fide occupants or claimants in diligent prosecution of work leading to discovery.”
Portland Gen. Elec. Co. v. Kleppe, 441 F. Supp. 859 (D. Wyo. 1977).
· cites it 2× “The plaintiffs contend, and the Court agrees, that Congress has not expressly granted to the Executive the authority to withdraw public lands from the operation of the mining laws.”
Osborne v. Hammit, 377 F. Supp. 977 (D. Nev. 1964).
“” The proviso of 43 U.S.C. § 142 , preserving rights of exploration and purchase for metalliferous minerals, does not preserve a right to locate withdrawn lands for sand and gravel.”
United States v. 348.62 Acres of Land, 10 Alaska 351 (D. Alaska 1943).
“ich provides: “ * * * that there shall be excepted from the force and effect of any withdrawal made under the provisions of this Act all lands which are, on the date of such withdrawal, embraced in any lawful homestead or desert-land entry theretofore made, or upon which any…”
Lyders v. Ickes, 84 F.2d 232 (D.C. Cir. 1936).
“497 [ 43 U.S.C.A. § 142 ]). *233 On February 12, 1927, acting under the same authority, the President withdrew the island “in aid of legislation and in connection with the improvement of the harbor at Crescent City, California.”
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.