43 U.S.C. § 982
Grant to States to aid in construction of levees and drains
To enable the several States (but not including the States of Kansas, Nebraska, and Nevada) to construct the necessary levees and drains, to reclaim the swamp and overflowed lands therein—the whole of the swamp and overflowed lands, made unfit thereby for cultivation, and remaining unsold on or after the 28th day of September, A.D. 1850, are granted and belong to the several States respectively, in which said lands are situated: Provided, however, That said grant of swamp and overflowed lands, as to the States of California, Minnesota, and Oregon, is subject to the limitations, restrictions and conditions hereinafter named and specified in this chapter, as applicable to said three last-named States respectively.
Notes of Decisions
Cited in 31
cases, 1930–2017 · leading case: Bd. of Water Works Trs. of the City of Des Moines, Iowa v. Sac Cnty. Bd. of Supervisors, as Tr. of Drainage Districts 32, 42, 65, 79, 81, 83, 86, & Calhoun Cnty. Bd. of Supervisors & Sac Cnty. Bd. of Supervisors as Jt. Trs. of Drainage Districts 2 & 51 & Buena Vista Cnty. Bd. of Supervisors & Sac Cnty. Bd. of Supervisors as Jt. Trs. of Drainage Districts 19, 890 N.W.2d 50 (Iowa 2017).
Bd. of Water Works Trs. of the City of Des Moines, Iowa v. Sac Cnty. Bd. of Supervisors, as Tr. of Drainage Districts 32, 42, 65, 79, 81, 83, 86, & Calhoun Cnty. Bd. of Supervisors & Sac Cnty. Bd. of Supervisors as Jt. Trs. of Drainage Districts 2 & 51 & Buena Vista Cnty. Bd. of Supervisors & Sac Cnty. Bd. of Supervisors as Jt. Trs. of Drainage Districts 19, 890 N.W.2d 50 (Iowa 2017). “519 (codified at 43 U.S.C. §§ 982–984 (2012)); Hatch, Holbrook & Co.”
John D. Mays & Laura F. Mays, His Wife v. Claude R. Kirk, Jr., as Governor, 414 F.2d 131 (5th Cir. 1969). “The cloud on title is a conveyance, made in 1882, from the United States to the State of Florida, pursuant to the Swamp Lands Act of 1850, 43 U.S.C.A. § 982 et seq. Mays makes the double-barreled contention that the United States did not own the land it purported to transfer and…”
Luker v. Sykes, 357 P.3d 1191 (Alaska 2015). “He sought declaratory relief and argued that he was entitled to use the north 83 feet of lots 8318 and 3853 pursuant to his express easement as well as a fight of way established under federal law, former 43 U.S.C. § 982 (1958), Revised Statute 2477 (abbreviated as "RS 2477").”
Leslie Salt Co. v. Froehlke, 403 F. Supp. 1292 (N.D. Cal. 1974). “1 The complaint alleges, in substance and effect, that plaintiff owns approximately 35,000 acres of shoreline proper *1294 ty in question; that all this property was originally marshland and was originally conveyed by the United States of America to the State of California by…”
Charles L. Ward v. Humble Oil & Refining Co., Union Producing Co., Alexander F. Chisholm, Stewart L. Udall, Sec'y of the Interior, 321 F.2d 775 (5th Cir. 1963). “nally asserted jurisdiction on the basis of diversity of citizenship, but by amendment asserted jurisdiction “by reason that complainant’s rights are derived under the constitution and laws of the United States of America in that his claim and right arises under the enactment of…”
United States v. Adair, 478 F. Supp. 336 (D. Or. 1979). “It asserts that the Swamp Lands Act of 1850, 43 U.S.C. § 982 et seq., as extended to Oregon by statute in 1860, 43 U.”
Stand. Oil Co. of California v. United States, 107 F.2d 402 (9th Cir. 1940). “519 , 43 U.S.C.A. § 982 et seq. Plaintiff apparently assumes that swamp lands granted by the Act of 1850 and school lands granted by the Act of 1853, here involved, are in the same category.”
Bd. of Com'rs. Etc. v. Hunter Found., 354 So. 2d 156 (La. 1977). “Defendants claim title to the two disputed areas, known as the Powell and George tracts, based on acquisitive prescription of ten and thirty years.”
Neher v. Harwood, 128 F.2d 846 (9th Cir. 1942). “84, 43 U.S.C.A. § 982 et seq., which act provided that in each state the whole of the “swamp and overflowed lands, made unfit thereby for cultivation, which shall remain unsold at the passage of this act, shall be, and the same-, are, hereby granted to said State”, and that it…”
United States v. Stand. Oil Co. of California, 20 F. Supp. 427 (S.D. Cal. 1937). “The effect so given to grants of this type, and which applies alike to school land, swamp land, or other grants not containing any exceptions or reservations, is stated in Little v. Williams, supra,. at pages 339-340 of 231 U.”
State v. Scott, 185 So. 2d 877 (La. Ct. App. 1966). “The purposes of the grant were rewritten into RS Section 2479, now 43 U.S.C. § 982 and were made applicable to all States.”
City of New Orleans v. Joseph Rathborne Land Co., 24 So. 2d 275 (La. 1945). “352 ] and September 28, 1850, 43 U.S.C.A. § 982 et seq. By mesne conveyances this property was acquired by the Joseph Rathborne Land Company, Inc.”
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