43 U.S.C. § 859

Fee simple to pass in all grants

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Where lands have been or may hereafter be granted by any law of Congress to any one of the several States and Territories, and where such law does not convey the fee-simple title of the lands, or require patents to be issued therefor, the list of such lands which have been or may hereafter be certified by the Secretary of the Interior or such officer as he may designate, under the seal of his office, either as originals or copies of the originals or records shall be regarded as conveying the fee simple of all the lands embraced in such lists that are of the character contemplated by such Act of Congress, and intended to be granted thereby, but where lands embraced in such lists are not of the character embraced by such Acts of Congress, and are not intended to be granted thereby, the lists, so far as these lands are concerned, shall be perfectly null and void, and no right, title, claim, or interest shall be conveyed thereby.

Notes of Decisions

Cited in 2 cases, 1992–2019 · leading case: Therl Taylor v. Virginia Grubbs, 930 F.3d 611 (4th Cir. 2019).

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Therl Taylor v. Virginia Grubbs, 930 F.3d 611 (4th Cir. 2019). · cites it 2× “§ 187a, “perfectly null and void,” 43 U.S.C. § 859—and so on and so forth. As a result, “there are instances in which a court may validly ‘prefer ordinary meaning to an unusual meaning that will avoid surplusage.”

City of Maroa v. Illinois Cent. R.R., 592 N.E.2d 660 (Ill. App. Ct. 1992). · cites it 2× “( 43 U.S.C. §859 (1988).) Section 859 of title 43 of the United States Code provides: “Where lands have been or may hereafter be granted by any law of Congress to any one of the several States and Territories, and where such law does not convey the fee-simple title of the lands,…”

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