43 U.S.C. § 435

Entries in excess of farm unit

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All entries under reclamation projects containing more than one farm unit shall be reduced in area and conformed to a single farm unit within two years after making proof of residence, improvement, and cultivation, or within two years after the issuance of a farm-unit plat for the project, if the same issues subsequent to the making of such proof: Provided, That such proof is made within four years from the date as announced by the Secretary of the Interior that water is available for delivery for the land. Any entryman failing within the period herein provided to dispose of the excess of his entry above one farm unit, in the manner provided by law, and to conform his entry to a single farm unit shall render his entry subject to cancellation as to the excess above one farm unit: Provided, That upon compliance with the provisions of law such entryman shall be entitled to receive a patent for that part of his entry which conforms to one farm unit as established for the project.

Notes of Decisions

Cited in 2 cases, 1976–1986 · leading case: Torrez v. Torrez (In Re Torrez), 63 B.R. 751 (9th Cir. BAP 1986).

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Torrez v. Torrez (In Re Torrez), 63 B.R. 751 (9th Cir. BAP 1986). “43 U.S.C. § 435 . 2 . As a general rule of law, such a purchase money resulting trust will pre-empt an oral express trust if one would otherwise exist.”

United States v. Tulare Lake Canal Co., 535 F.2d 1093 (9th Cir. 1976). “690 , 43 U.S.C. § 435 , that is, to public land; and of course the proviso does not imply that excess public lands might be retained by paying construction charges.”

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