-CITE-
    43 USC CHAPTER 25 - UNLAWFUL INCLOSURES OR OCCUPANCY;
           OBSTRUCTING SETTLEMENT OR TRANSIT               01/03/2007

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 25 - UNLAWFUL INCLOSURES OR OCCUPANCY; OBSTRUCTING
                  SETTLEMENT OR TRANSIT           

-HEAD-
        CHAPTER 25 - UNLAWFUL INCLOSURES OR OCCUPANCY; OBSTRUCTING
                           SETTLEMENT OR TRANSIT

-MISC1-
    Sec.                                                     
    1061.       Inclosure of or assertion of right to public lands
                 without title.                                       
    1062.       Suits for violations of law.                          
    1063.       Obstruction of settlement on or transit over public
                 lands.                                               
    1064.       Violations of chapter; punishment.                    
    1065.       Summary removal of inclosures.                        
    1066.       Permission of Secretary to sue.                       

-End-



-CITE-
    43 USC Sec. 1061                                            01/03/2007

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 25 - UNLAWFUL INCLOSURES OR OCCUPANCY; OBSTRUCTING
                  SETTLEMENT OR TRANSIT           

-HEAD-
    Sec. 1061. Inclosure of or assertion of right to public lands
      without title

-STATUTE-
      All inclosures of any public lands in any State or Territory of
    the United States, heretofore or to be hereafter made, erected, or
    constructed by any person, party, association, or corporation, to
    any of which land included within the inclosure the person, party,
    association, or corporation making or controlling the inclosure had
    no claim or color of title made or acquired in good faith, or an
    asserted right thereto by or under claim, made in good faith with a
    view to entry thereof at the proper land office under the general
    laws of the United States at the time any such inclosure was or
    shall be made, are declared to be unlawful, and the maintenance,
    erection, construction, or control of any such inclosure is
    forbidden and prohibited; and the assertion of a right to the
    exclusive use and occupancy of any part of the public lands of the
    United States in any State or any of the Territories of the United
    States, without claim, color of title, or asserted right as above
    specified as to inclosure, is likewise declared unlawful, and
    prohibited.

-SOURCE-
    (Feb. 25, 1885, ch. 149, Sec. 1, 23 Stat. 321.)

-End-



-CITE-
    43 USC Sec. 1062                                            01/03/2007

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 25 - UNLAWFUL INCLOSURES OR OCCUPANCY; OBSTRUCTING
                  SETTLEMENT OR TRANSIT           

-HEAD-
    Sec. 1062. Suits for violations of law

-STATUTE-
      It shall be the duty of the United States attorney for the proper
    district, on affidavit filed with him by any citizen of the United
    States that section 1061 of this title is being violated showing a
    description of the land inclosed with reasonable certainty, not
    necessarily by metes and bounds nor by governmental subdivisions of
    surveyed lands, but only so that the inclosure may be identified,
    and the persons guilty of the violation as nearly as may be, and by
    description, if the name cannot on reasonable inquiry be
    ascertained, to institute a civil suit in the proper United States
    district court, or territorial district court, in the name of the
    United States, and against the parties named or described who shall
    be in charge of or controlling the inclosure complained of as
    defendants; and jurisdiction is also conferred on any United States
    district court or territorial district court having jurisdiction
    over the locality where the land inclosed, or any part thereof,
    shall be situated, to hear and determine proceedings in equity, by
    writ of injunction, to restrain violations of the provisions of
    this chapter; and it shall be sufficient to give the court
    jurisdiction if service of original process be had in any civil
    proceeding on any agent or employee having charge or control of the
    inclosure. In any case if the inclosure shall be found to be
    unlawful, the court shall make the proper order, judgment, or
    decree for the destruction of the inclosure, in a summary way,
    unless the inclosure shall be removed by the defendant within five
    days after the order of the court.

-SOURCE-
    (Feb. 25, 1885, ch. 149, Sec. 2, 23 Stat. 321; Mar. 3, 1911, ch.
    231, Sec. 291, 36 Stat. 1167; June 25, 1948, ch. 646, Sec. 1, 62
    Stat. 909; Pub. L. 98-620, title IV, Sec. 402(43), Nov. 8, 1984, 98
    Stat. 3360.)


-MISC1-
                                AMENDMENTS                            
      1984 - Pub. L. 98-620 struck out provision that any suit brought
    under this section had precedence for hearing and trial over other
    cases on the civil docket of the court, and had to be tried and
    determined at the earliest practicable day.

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by Pub. L. 98-620 not applicable to cases pending on
    Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as a note
    under section 1657 of Title 28, Judiciary and Judicial Procedure.

-CHANGE-
                              CHANGE OF NAME                          
      Act June 25, 1948, eff. Sept. 1, 1948, substituted "United States
    attorney" for "district attorney of the United States." See section
    541 of Title 28, Judiciary and Judicial Procedure, and Historical
    and Revision Notes thereunder.
      The words "district court" substituted for "district or circuit
    court" in two places to conform to act Mar. 3, 1911, which
    abolished the circuit courts and transferred their powers and
    duties to the district courts.

-End-



-CITE-
    43 USC Sec. 1063                                            01/03/2007

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 25 - UNLAWFUL INCLOSURES OR OCCUPANCY; OBSTRUCTING
                  SETTLEMENT OR TRANSIT           

-HEAD-
    Sec. 1063. Obstruction of settlement on or transit over public
      lands

-STATUTE-
      No person, by force, threats, intimidation, or by any fencing or
    inclosing, or any other unlawful means, shall prevent or obstruct,
    or shall combine and confederate with others to prevent or
    obstruct, any person from peaceably entering upon or establishing a
    settlement or residence on any tract of public land subject to
    settlement or entry under the public land laws of the United
    States, or shall prevent or obstruct free passage or transit over
    or through the public lands: Provided, This section shall not be
    held to affect the right or title of persons, who have gone upon,
    improved, or occupied said lands under the land laws of the United
    States, claiming title thereto, in good faith.

-SOURCE-
    (Feb. 25, 1885, ch. 149, Sec. 3, 23 Stat. 322.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The public land laws of the United States, referred to in text,
    are classified generally to this title.

-End-



-CITE-
    43 USC Sec. 1064                                            01/03/2007

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 25 - UNLAWFUL INCLOSURES OR OCCUPANCY; OBSTRUCTING
                  SETTLEMENT OR TRANSIT           

-HEAD-
    Sec. 1064. Violations of chapter; punishment

-STATUTE-
      Any person violating any of the provisions of this chapter,
    whether as owner, part owner, or agent, or who shall aid, abet,
    counsel, advise, or assist in any violation hereof, shall be deemed
    guilty of a misdemeanor and fined in a sum not exceeding $1,000, or
    be imprisoned not exceeding one year, or both, for each offense.

-SOURCE-
    (Feb. 25, 1885, ch. 149, Sec. 4, 23 Stat. 322; Mar. 10, 1908, ch.
    75, 35 Stat. 40.)

-End-



-CITE-
    43 USC Sec. 1065                                            01/03/2007

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 25 - UNLAWFUL INCLOSURES OR OCCUPANCY; OBSTRUCTING
                  SETTLEMENT OR TRANSIT           

-HEAD-
    Sec. 1065. Summary removal of inclosures

-STATUTE-
      The President is authorized to take such measures as shall be
    necessary to remove and destroy any unlawful inclosure of any of
    the public lands mentioned in this chapter, and to employ civil or
    military force as may be necessary for that purpose.

-SOURCE-
    (Feb. 25, 1885, ch. 149, Sec. 5, 23 Stat. 322.)

-End-



-CITE-
    43 USC Sec. 1066                                            01/03/2007

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 25 - UNLAWFUL INCLOSURES OR OCCUPANCY; OBSTRUCTING
                  SETTLEMENT OR TRANSIT           

-HEAD-
    Sec. 1066. Permission of Secretary to sue

-STATUTE-
      Where the alleged unlawful inclosure includes less than one
    hundred and sixty acres of land, no suit shall be brought under the
    provisions of this chapter without authority from the Secretary of
    the Interior.

-SOURCE-
    (Feb. 25, 1885, ch. 149, Sec. 6, 23 Stat. 322.)

-End-