Title
Amendment to Public Land Act Homestead Provisions
Law
Commonwealth Act No. 456
Decision Date
Jun 8, 1939
Amendments to the Public Land Act impose limitations on homestead entry, address the transfer of homestead rights, and restrict the alienation of lands acquired under free patent or homestead provisions.

Q&A (Commonwealth Act No. 456)

Not more than one homestead entry shall be allowed to any one person.

No person to whom a homestead patent has been issued may again acquire a homestead, except if the previous patent was for less than 24 hectares, in which case they may be allowed another homestead provided that the total area does not exceed 24 hectares.

If the previous homesteader was issued a patent for less than 24 hectares and is otherwise qualified, they may apply for another homestead as long as the combined area does not exceed 24 hectares.

The applicant may transfer homestead rights if they have complied with all the legal requirements but cannot continue the homestead due to no fault of their own, and there is a bona fide purchaser, with prior approval of the Secretary of Agriculture and Commerce.

No, every transfer made without prior approval of the Secretary is null and void and results in cancellation of the entry and refusal of the patent.

No, a person who has transferred their rights may not again apply for a new homestead.

For a term of five years from the date of issuance of the patent, the lands cannot be alienated or encumbered, except for mortgage or pledge of improvements or crops.

No, they shall not become liable to satisfy any debt contracted prior to the expiration of this five-year period.

Such alienation, transfer, or conveyance requires the approval of the Secretary of Agriculture and Commerce, which shall not be denied except on constitutional or legal grounds.

The approval may only be denied on constitutional or legal grounds; otherwise, denial is not allowed.


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