reglab/statecodes huggingface dataset:
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 2 - Sale of Swamp and Overflowed Lands › ARTICLE 2 - Swamp and Overflowed Lands Sold Prior to September 19, 1939 › Section 7521.

7521. The swamp and overflowed lands belonging to the State were sold prior to September 19, 1939, at the rate of one dollar ($1) an acre. Twenty per cent of the principal is payable within 50 days from the date of the approval of the survey by the commission. The balance, bearing interest at the rate of 7 per cent per annum, payable annually in advance, is due and payable one year after the passage of any act of the Legislature requiring such payment, or before, if desired by the purchasers. Bonds or warrants of reclamation districts having an outstanding indebtedness are receivable at par in payment for lands in such districts.
(Added by Stats. 1943, Ch. 609.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 2 - Sale of Swamp and Overflowed Lands › ARTICLE 2 - Swamp and Overflowed Lands Sold Prior to September 19, 1939 › Section 7522.

7522. The commission shall not approve any application nor issue evidence of title for swamp and overflowed land, until six months after the land has been segregated by authority of the United States.
(Added by Stats. 1943, Ch. 609.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 2 - Sale of Swamp and Overflowed Lands › ARTICLE 2 - Swamp and Overflowed Lands Sold Prior to September 19, 1939 › Section 7523.

7523. No claim shall be made by the State to any land as swamp or overflowed, which has not been returned as such by the United States, nor to lands for which preemption or homestead patents have been issued by the United States, or upon which there are settlers, occupying the land in good faith, who have filed their preemption or homestead declaratory statements. The commission shall not receive any application to purchase as swamp or overflowed lands, any land not returned as such by the United States, unless the application be accompanied by a certificate from the Register of the United States Land Office for the district in which the land is situated, or by the affidavits of two disinterested persons, that there is no preemption or homestead settler upon the land sought to be purchased, or if there is such settler, that he has resided on the land more than six months prior to the time of making such application. The application shall be invalid in every case where there is a valid preemption filing or homestead entry on the land sought to be purchased at the time the application is made.
(Added by Stats. 1943, Ch. 609.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 2 - Sale of Swamp and Overflowed Lands › ARTICLE 2 - Swamp and Overflowed Lands Sold Prior to September 19, 1939 › Section 7524.

7524. Any person desiring to purchase swamp and overflowed lands shall make an affidavit and file it in the office of the commission, that he is a citizen of the United States, or has filed his intention to become so; that he is a resident of the State, of lawful age; that he desires to purchase lands (describing them) under the law providing for the sale of swamp and overflowed lands; that he does not know of any valid claim to the lands, other than his own; that he knows the land applied for and the exterior bounds thereof, and knows, of his own knowledge, that there are no settlers thereon; or, if there are, that the land has been segregated more than six months by authority of the United States; and that the land which he now owns (swamp and overflowed), together with that sought to be purchased, does not exceed 640 acres.
(Added by Stats. 1943, Ch. 609.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 2 - Sale of Swamp and Overflowed Lands › ARTICLE 2 - Swamp and Overflowed Lands Sold Prior to September 19, 1939 › Section 7525.

7525. Any false statement contained in the affidavit defeats the right of the applicant to purchase the land, or to receive any evidence of title thereto, and if wilfully false, subjects him also to punishment for perjury.
(Added by Stats. 1943, Ch. 609.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 2 - Sale of Swamp and Overflowed Lands › ARTICLE 2 - Swamp and Overflowed Lands Sold Prior to September 19, 1939 › Section 7526.

7526. If at any time after such affidavit is filed in the office of the commission, and prior to the issuance of a patent for the lands described therein it is made to appear to the commission by the affidavit of any settler or person occupying such land for farming purposes, that he, or those under whom he claims, have been in the possession and occupancy of such lands, or any part thereof, for farming purposes, for over 10 years next prior to the date of the filing of the affidavit of the person desiring to purchase, and that his or their occupancy was open and notorious and was evidenced by actual enclosure, or by ditches, or monuments, or embankments, or levees, showing the actual extent thereof, and that he, or they under whom he claims, had, at the time of the filing of the affidavit by the person desiring to purchase, actually reclaimed such land and reduced it to a state of cultivation, and had been farming and cultivating the land; or if it appears from such affidavit filed by such person, that the affidavit filed by the person desiring to purchase the land is false in any of the statements made therein, the commission shall make an order referring the questions raised by such affidavits to the superior court of the county in which the land, or some part thereof, is situated.
(Added by Stats. 1943, Ch. 609.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 2 - Sale of Swamp and Overflowed Lands › ARTICLE 2 - Swamp and Overflowed Lands Sold Prior to September 19, 1939 › Section 7527.

7527. Within 30 days from the date of such order of reference, the party filing the affidavit raising such questions shall commence, in such court, an action to determine the questions. In his complaint in the action he shall set forth copies of the affidavit filed by the person desiring to purchase the land, and of the affidavit filed by himself with the commission. The production of a certified copy of the order of reference shall give the court full and complete jurisdiction to hear and determine the action. Pending the final judgment in the action, all proceedings in the commission’s office respecting the lands shall be stayed.
(Added by Stats. 1943, Ch. 609.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 2 - Sale of Swamp and Overflowed Lands › ARTICLE 2 - Swamp and Overflowed Lands Sold Prior to September 19, 1939 › Section 7528.

7528. If upon the trial of such action it appears that any of the statements made in the affidavit filed by the person desiring to purchase the land were false, or if it appears that the statements made in the affidavit filed by the settler or occupant of such land are true, the approval of location or certificate of purchase, if any has been made or issued, shall be canceled by judgment of the court. But if it appears that the statements contained within the affidavit of the person desiring to purchase the land are true, and that the statements made in the affidavit of the settler or occupant are untrue, the court shall enter its judgment accordingly.
(Added by Stats. 1943, Ch. 609.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 2 - Sale of Swamp and Overflowed Lands › ARTICLE 2 - Swamp and Overflowed Lands Sold Prior to September 19, 1939 › Section 7529.

7529. Upon the filing with the commission of a copy of the final judgment of the court, the commission shall, if the judgment of the court cancels the location or certificate of purchase, enter an order of cancellation accordingly. But if by the judgment it is decreed that the person desiring to purchase the land is entitled to purchase it, the commission shall approve the location, or issue the certificate of purchase or other evidence of title, in accordance with the judgment.
(Added by Stats. 1943, Ch. 609.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 2 - Sale of Swamp and Overflowed Lands › ARTICLE 2 - Swamp and Overflowed Lands Sold Prior to September 19, 1939 › Section 7530.

7530. Any person desiring to purchase lands, as provided in this article, which have been segregated by authority of the United States, but which have not been sectionized by the same authority, shall apply to the surveyor of the county in which the land is situated, to have the land which he desires to purchase surveyed. A certificate of such survey shall be attached to the affidavit required for the purchase of the lands. All surveys required of county surveyors by this section shall conform, as nearly as practicable, to the system adopted by the United States for the survey of the public lands.
(Added by Stats. 1943, Ch. 609.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 2 - Sale of Swamp and Overflowed Lands › ARTICLE 2 - Swamp and Overflowed Lands Sold Prior to September 19, 1939 › Section 7531.

7531. All payments shall be made by the purchaser to the county treasurer of the county in which the land is situated. The treasurer shall receive the amounts to be paid including the fee for the certificate of purchase, if any. The treasurer shall endorse upon the certificate of purchase the amount of all payments and shall direct the purchaser to take the certificate of purchase, so endorsed, to the county auditor who shall charge the treasurer with the amount received and make his check upon the endorsed receipt.
(Added by Stats. 1943, Ch. 609.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 2 - Sale of Swamp and Overflowed Lands › ARTICLE 2 - Swamp and Overflowed Lands Sold Prior to September 19, 1939 › Section 7532.

7532. Upon the first day of July of each year the county treasurer shall prepare a report showing all moneys received for swamp and overflowed and tide lands during the preceding year, the number of the location or survey, the name of the purchaser, and the amount paid since the date of his last report, whether as principal or interest. The payment of the fee for the certificate of purchase shall also be entered in the proper column. The treasurer shall then send the report to the auditor who shall compare the items with the account of the treasurer and if it agrees with his entries countersign it and return it to the county treasurer.
(Added by Stats. 1943, Ch. 609.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 2 - Sale of Swamp and Overflowed Lands › ARTICLE 2 - Swamp and Overflowed Lands Sold Prior to September 19, 1939 › Section 7533.

7533. These reports shall be forwarded to the commission, and upon receipt thereof the commission shall enter the payment so reported to the credit of the purchaser, and shall notify the county treasurer of the receipt of his report, or if it is not correct return it for correction.
(Added by Stats. 1943, Ch. 609.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 2 - Sale of Swamp and Overflowed Lands › ARTICLE 2 - Swamp and Overflowed Lands Sold Prior to September 19, 1939 › Section 7534.

7534. The county treasurer shall retain all money arising from the sale of swamp and overflowed lands and place it to the credit of a separate trust fund or trust account. He shall compute interest on all sales of such lands from the date of the approval of the survey or the date of the certificate of location to the first day of January following such date, or, if for lands already purchased, up to the first of January following the day upon which the interest falls due, after which time all payments of principal and interest fall due on the first day of January.
(Amended by Stats. 1961, Ch. 396.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 2 - Sale of Swamp and Overflowed Lands › ARTICLE 2 - Swamp and Overflowed Lands Sold Prior to September 19, 1939 › Section 7535.

7535. If a reclamation district is organized in any county, the board of supervisors of each county in which any portion of the lands of the district are located, upon the application of any interested party, shall direct the auditor and treasurer to set apart from the county swamp-land fund all money received in payment of principal and interest on the lands within the district, as a fund to the credit of the district, after deducting any money previously expended from the swamp-land fund for the benefit of land within the district. The money in the district fund shall be paid out only for the purpose of reclaiming land within the district, or to the owners of such land after reclamation, as provided by law. All money paid in upon these lands and diverted to the use and benefit of other lands shall be replaced out of the first receipts from the land so benefited.
(Added by Stats. 1953, Ch. 154.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 2 - Sale of Swamp and Overflowed Lands › ARTICLE 2 - Swamp and Overflowed Lands Sold Prior to September 19, 1939 › Section 7536.

7536. If any expenses pertaining to land in a reclamation district have been paid from the county swamp-land fund including expenses for attorney’s fees in the examination of the character of the land, the county treasurer shall deduct this amount from the amount otherwise found due to the land for which the expenses were paid, and only return to the owner of the land that portion of the money paid on the land which remains after deducting the amount paid for expenses pertaining to the land.
(Added by Stats. 1953, Ch. 154.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 2 - Sale of Swamp and Overflowed Lands › ARTICLE 2 - Swamp and Overflowed Lands Sold Prior to September 19, 1939 › Section 7537.

7537. Sections 7535 and 7536 do not apply to districts upon which controller’s warrants are outstanding, until after all of the warrants are paid.
(Added by Stats. 1953, Ch. 154.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 2 - Sale of Swamp and Overflowed Lands › ARTICLE 3 - Provisions Relating to All Swamp and Overflowed Lands › Section 7551.

7551. Settlers upon swamp and overflowed lands belonging to the State who occupy such lands for farming or grazing purposes, and whose occupation is evidenced by actual enclosure, or by ditches or monuments showing the actual extent thereof, are preferred purchasers of such lands for six months after segregation.
(Added by Stats. 1943, Ch. 609.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 2 - Sale of Swamp and Overflowed Lands › ARTICLE 3 - Provisions Relating to All Swamp and Overflowed Lands › Section 7552.

7552. Lands within this State which are returned by the United States as swamp and overflowed lands, and shown as such on approved township plats, shall, as soon as patents are issued therefor by this State, be held to be of the character so returned. Nothing in this section shall be construed to affect the rights of any homestead or preemption settler claiming under the laws of the United States, nor to prejudice the rights of any settler located upon such lands to perfect title to the lands if permitted under existing laws.
(Added by Stats. 1943, Ch. 609.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 2 - Sale of Swamp and Overflowed Lands › ARTICLE 3 - Provisions Relating to All Swamp and Overflowed Lands › Section 7552.5.

7552.5. Where lands above the ordinary high-water mark, granted to the state by the Arkansas Swamp Lands Act, Act of September 28, 1850, have been conveyed into private ownership by the State of California pursuant to an act authorizing the sale and conveyance of swamp and overflowed lands, such swamp and overflowed lands, by definition, are taken free of the common law public trust for commerce, navigation, and fisheries. Where a private owner, deriving title by virtue of such a conveyance of swamp and overflowed lands, dredges or has dredged such lands pursuant to then existing law, and such dredging results or has resulted in the navigable waters of the state flowing over such lands, such acts shall not operate to create or impose the common law public trust for commerce, navigation, and fisheries with respect to such lands. Such acts shall operate to create a navigational easement, in favor of the public, upon the waters which flow over the affected real property. The navigational easement so created may be extinguished only upon the lawful removal of the navigable waters from the real property.
(Added by Stats. 1982, Ch. 123, Sec. 1.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 2 - Sale of Swamp and Overflowed Lands › ARTICLE 3 - Provisions Relating to All Swamp and Overflowed Lands › Section 7553.

7553. When the original patent to swamp and overflowed land of the State has been lost or destroyed, and is not of record in the county where the land is situate, and no duplicate or copy thereof is in the office of the Secretary of State or in the office of the commission, a patent shall be issued to the original purchaser for the same land, as other patents are issued, when it is proven to the satisfaction of the commission from the data in the office of the Secretary of State, or in the office of the commission, that an original patent has been lawfully issued to the original purchaser, and from other satisfactory proof that it has been lost or destroyed, and is not of record in the recorder’s office of the county in which the land is situate. The patent so reissued shall have the same force and effect as the original patent, and shall contain the clause “This patent is issued to take the place of the original patent issued for the same land, on the (give date of original patent, and by whom issued), and is not intended to change the title of the persons in whom the land is now vested and only to complete the record title from the State of California.” The commission shall collect the same fee therefor as in issuing original patents.
(Added by Stats. 1943, Ch. 609.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 2 - Sale of Swamp and Overflowed Lands › ARTICLE 3 - Provisions Relating to All Swamp and Overflowed Lands › Section 7554.

7554. Any person having a vested interest in any swamp and overflowed land, covered by a patent lost or destroyed, and not of record in the county where the land is situate, in order to obtain the reissuing of the patent as provided in Section 7553, shall make an affidavit and file it in the office of the commission, setting forth that he has a vested interest in the land, or a part thereof, to which he makes application for a patent to be reissued from the State of Califoria. He shall also state in the affidavit the chain of title from the original patentee to and including the present owners of the land described in the original patent.
(Added by Stats. 1943, Ch. 609.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 2 - Sale of Swamp and Overflowed Lands › ARTICLE 3 - Provisions Relating to All Swamp and Overflowed Lands › Section 7555.

7555. (a) In a case in which the state has sold lands acquired by it as swamp and overflowed lands, the person claiming or deraigning title to any lands through or under a purchase of the lands from the state may bring suit against the state in a court of competent jurisdiction of the state to establish the boundaries of, and to quiet title to, the land or a portion of the land, and may prosecute the suit to final judgment. The complaint in the action shall contain a plat of the property described in the complaint, which plat shall show the location of the property in respect to a section corner, the location of which is shown on an approved United States government township plat, or in respect to a monument that has been established by reference to a section corner.
(b) Service of summons in the suits shall be made upon the Chair of the State Lands Commission and upon the Attorney General, and the Attorney General shall represent the state in the suits.
(c) Costs against the state shall not be allowed in the suit.
(Amended by Stats. 2011, Ch. 296, Sec. 261. (AB 1023) Effective January 1, 2012.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 2 - Sale of Swamp and Overflowed Lands › ARTICLE 3 - Provisions Relating to All Swamp and Overflowed Lands › Section 7556.

7556. All swamp and overflowed lands within one mile of the State Prison at San Quentin, within the City and County of San Francisco, City of Oakland, or within five miles of the corporate limits of either, are excluded from the operation of this chapter.
(Added by Stats. 1943, Ch. 609.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 3 - Sale of Inland Lake and Unsegregated Swamp and Overflowed Lands › Section 7601.

7601. Any person desiring to purchase any of the lands uncovered by the recession or drainage of the waters of inland lakes, and inuring to the State by virtue of her sovereignty, or the swamp and overflowed lands not segregated by the United States, shall make an application therefor to the commission. The application shall be accompanied by the applicant’s affidavit that he is a citizen of the United States, or has declared his intention to become such, that he is a resident of this State, of lawful age, that he desires to purchase such lands (describing them by legal subdivisions, or by metes and bounds, if the legal subdivisions are unknown), under the provisions of this chapter, for his own use and benefit, and for the use and benefit of no other person whomsoever, and that he has made no contract or agreement to sell the lands, and that he does not now own any State lands which, together with that now sought to be purchased, exceeds 640 acres.
This section shall not affect or apply to any land uncovered by the recession or drainage of the waters of any lake or other body of water, the waters of which are so impregnated with minerals as to be valuable for the purpose of extracting therefrom such minerals.
(Added by Stats. 1943, Ch. 609.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 3 - Sale of Inland Lake and Unsegregated Swamp and Overflowed Lands › Section 7602.

7602. Upon the filing of such application, if the land has not been sectionized, the commission shall authorize the county surveyor of the county where the whole or the greater portion of the land lies, to survey the land. He shall make an actual survey thereof, at the expense of the applicant, etablishing four corners to each quarter-section, and connecting the survey with a United States survey. Within 30 days he shall file with the commission a copy, under oath, of his field-notes and plat, and a statement under oath, showing whether or not the land is occupied by any actual settler. If the surveyor thus authorized fails to make his return to the commission within the time specified, the commission may designate another person to make the survey.
(Added by Stats. 1943, Ch. 609.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 3 - Sale of Inland Lake and Unsegregated Swamp and Overflowed Lands › Section 7603.

7603. No application to purchase land under this chapter shall be approved until the expiration of 90 days from the filing thereof, and meanwhile the land is subject to the adverse claim of any actual settler who resided thereon when the application was filed.
(Added by Stats. 1943, Ch. 609.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 3 - Sale of Inland Lake and Unsegregated Swamp and Overflowed Lands › Section 7604.

7604. The lands designated in this chapter shall be sold at the price fixed by the commission.
(Amended by Stats. 1968, Ch. 981.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 3 - Sale of Inland Lake and Unsegregated Swamp and Overflowed Lands › Section 7605.

7605. If any of the lands described in this chapter are suitable for cultivation without reclamation, they shall be sold only to actual settlers in tracts not exceeding 160 acres.
(Added by Stats. 1943, Ch. 609.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 3 - Sale of Inland Lake and Unsegregated Swamp and Overflowed Lands › Section 7606.

7606. Any of the lands designated in this chapter which, by reason of periodical overflow, need, and are susceptible of, reclamation, may be reclaimed by the formation of districts, in the same manner and subject to all of the provisions of law regulating the reclamation of swamp and overflowed lands. The board of supervisors of the county in which the lands, or the greater part thereof, are situated, shall first determine, upon proper petition presented therefor by the holders of the title, or evidence of title, representing one-half or more of any body of such land, that such reclamation is necessary and feasible.
(Added by Stats. 1943, Ch. 609.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 3 - Sale of Inland Lake and Unsegregated Swamp and Overflowed Lands › Section 7607.

7607. When land has been sold under this chapter, no contest can be maintained against the purchaser on the ground that the land is not of the character stated in the application, unless it is shown that it is not of the character recited in Section 7601.
(Added by Stats. 1943, Ch. 609.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 3 - Sale of Inland Lake and Unsegregated Swamp and Overflowed Lands › Section 7608.

7608. All uncanceled certificates of purchase and patents issued prior to May 20, 1907, and payments made prior to May 20, 1907, for any lands as swamp and overflowed lands, which belong to any of the classes described in Section 7601, whether or not such lands were segregated or sectionized, are for all purposes valid, and have the same force and effect as if such lands had been at all times subject to sale as swamp and overflowed lands.
(Added by Stats. 1943, Ch. 609.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 3 - Sale of Inland Lake and Unsegregated Swamp and Overflowed Lands › Section 7609.

7609. All plats of any of the lands described in Section 7601, which were made prior to May 20, 1907, under authority of the United States Surveyor General, and which plats designate the lands as swamp and overflowed land, shall be deemed valid and effectual as surveys of such lands from and after the date thereof.
(Added by Stats. 1943, Ch. 609.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 4 - Provisions Relating to Public Lands Generally › ARTICLE 1 - Applications for Purchase of Lands › Section 7705.

7705. No application for the purchase of state lands shall be accepted for filing for land situated in more than one county, or land situated in more than one United States land district or for any section or portion of a section of school land or land obtained in lieu thereof belonging to the State which is situated within the exterior boundaries of a military or Indian reservation created by authority of the United States, except as otherwise specifically permitted by Chapter 1 (commencing at Section 7301) of this part.
(Amended by Stats. 1959, Ch. 241.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 4 - Provisions Relating to Public Lands Generally › ARTICLE 1 - Applications for Purchase of Lands › Section 7706.

7706. Each application for lands shall be accompanied by a reasonable filing fee, not in excess of one hundred dollars ($100), as prescribed by the commission by rule or regulation, and no application shall be filed, or noted in any way until the fee is paid.
(Amended by Stats. 1975, Ch. 1205.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 4 - Provisions Relating to Public Lands Generally › ARTICLE 2 - Payments, Certificates of Purchase, and Patents › Section 7723.

7723. Certificates of purchase, and all rights acquired thereunder, are subject to sale, by deed or assignment, executed and acknowledged before any officer authorized by law to take acknowledgments of conveyances of real property.
(Added by Stats. 1943, Ch. 609.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 4 - Provisions Relating to Public Lands Generally › ARTICLE 2 - Payments, Certificates of Purchase, and Patents › Section 7724.

7724. All such sales shall, when the deed or assignment is recorded by the county recorder, be reported by him to the commission, to be entered in its books.
(Added by Stats. 1943, Ch. 609.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 4 - Provisions Relating to Public Lands Generally › ARTICLE 2 - Payments, Certificates of Purchase, and Patents › Section 7725.

7725. The recorder is entitled to receive from the purchaser, for making such report, a fee of fifty cents ($0.50).
(Added by Stats. 1943, Ch. 609.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 4 - Provisions Relating to Public Lands Generally › ARTICLE 2 - Payments, Certificates of Purchase, and Patents › Section 7729.

7729. Whenever a person becomes entitled to a patent, the commission, upon the surrender of the full-paid certificate of purchase or the submission of an affidavit by a person having an interest in the land or any portion thereof that the certificate of purchase is lost, destroyed or beyond the control of the owner or owners of the land, shall prepare a patent for the land. The patent shall be issued in the name of the original applicant. The commission shall send it to the Governor, together with a certificate that the laws in relation thereto have been complied with, that payment in full has been made, and that the person named in the prepared patent is entitled to it. The patent so issued shall inure to the benefit of the assigns, grantees, or successors in interest of said original applicant. The United States shall not be required to make payment for state land until the patent is delivered.
(Amended by Stats. 1959, Ch. 243.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 4 - Provisions Relating to Public Lands Generally › ARTICLE 2 - Payments, Certificates of Purchase, and Patents › Section 7730.

7730. The patent or deed shall then be signed by the Governor, attested by the Secretary of State, sealed with the Great Seal of the State of California, and countersigned by the commission.
(Amended by Stats. 2018, Ch. 742, Sec. 13. (SB 1493) Effective January 1, 2019.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 4 - Provisions Relating to Public Lands Generally › ARTICLE 2 - Payments, Certificates of Purchase, and Patents › Section 7731.

7731. No patent shall issue until the lands are relinquished to the State by authority of the General Land Office at Washington. Such relinquishment is not required for locations of the sixteenth and thirty-sixth sections in place, or for swamp and overflowed lands, shown to be such by the official surveys made by authority of the United States.
(Added by Stats. 1943, Ch. 609.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 4 - Provisions Relating to Public Lands Generally › ARTICLE 2 - Payments, Certificates of Purchase, and Patents › Section 7732.

7732. The commission shall record all patents in books to be kept in its office for that purpose, and then deliver them to persons entitled thereto.
(Added by Stats. 1943, Ch. 609.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 4 - Provisions Relating to Public Lands Generally › ARTICLE 2 - Payments, Certificates of Purchase, and Patents › Section 7733.

7733. Where a patent for lands is issued in the name of a deceased person, the title is vested in the heirs, devisees, or assignees of such person in the same manner as if the patent had issued to such person during life.
(Added by Stats. 1943, Ch. 609.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 4 - Provisions Relating to Public Lands Generally › ARTICLE 6 - Contests › Section 7921.

7921. When a contest arises before the commission concerning the approval of a survey or location, or concerning a certificate of purchase or other evidence of title, the commission may, when the question involved is as to the survey, or one purely of fact, or whether the land applied for is a part of the swamp or overflowed lands of the State, or whether it is included within a confirmed grant, the lines of which have been run by authority of law, proceed to hear and determine the contest. When, in the judgment of the commission, a question of law is involved, or when either party demands a trial in the courts of the State, the commission shall make an order referring the contest to the superior court of the county in which the land is situated, and shall enter the order in a record book in its office.
(Added by Stats. 1943, Ch. 609.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 4 - Provisions Relating to Public Lands Generally › ARTICLE 6 - Contests › Section 7922.

7922. After such order is made, either party may bring an action in the superior court of the county in which the land in question is situated, to determine the conflict, and the production of a certified copy of the entry made by the commission gives the court full and complete jurisdiction to hear and determine the action.
(Added by Stats. 1943, Ch. 609.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 4 - Provisions Relating to Public Lands Generally › ARTICLE 6 - Contests › Section 7923.

7923. Any person, legally qualified to purchase from the State public lands of the same character as the land involved in the action, may, after such order of reference has been made, present to the commission his application, in due form as required by law, to purchase the land, or any part thereof not less than the smallest legal subdivision. Upon presenting to the court in which the action is pending, a certificate of the commission, showing that such application has been so presented, and a certified copy of such application, the court may, at any time before the trial, upon such terms as may be just, allow such party to intervene in the action and contest the right of any other party thereto to purchase the land applied for by the intervenor, and to have his own right determined.
(Added by Stats. 1943, Ch. 609.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 4 - Provisions Relating to Public Lands Generally › ARTICLE 6 - Contests › Section 7924.

7924. When any contest arises as provided for in this article there shall be filed with the commission a statement by the contestant of the grounds of contest, and such statement, other than as to matters of record or law, shall be corroborated by the affidavit of some competent person having personal knowledge of the facts set forth therein.
(Added by Stats. 1943, Ch. 609.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 4 - Provisions Relating to Public Lands Generally › ARTICLE 6 - Contests › Section 7925.

7925. When a copy of the final judgment of the court is filed with the commission, it shall approve the survey or location, or issue the certificate of purchase or other evidence of title in accordance with the judgment.
(Added by Stats. 1943, Ch. 609.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 4 - Provisions Relating to Public Lands Generally › ARTICLE 6 - Contests › Section 7926.

7926. Unless the party contestant commences his action within 60 days after the order of reference is made, his rights in the premises and under his application cease.
(Added by Stats. 1943, Ch. 609.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 4 - Provisions Relating to Public Lands Generally › ARTICLE 6 - Contests › Section 7927.

7927. Whenever the commission receives a plat of a survey pursuant to the provisions of Section 27564 of the Government Code, any action by the commission to contest such survey shall be commenced within 90 days from the date of receipt of the plat of the survey.
(Added by Stats. 1969, Ch. 1121.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 4 - Provisions Relating to Public Lands Generally › ARTICLE 7 - Correction of Incorrect Descriptions of Patented Lands › Section 7951.

7951. When payment has been made in full for any lands which were public lands of the State and a patent has been issued therefor, and the purchaser or his successor in interest has, for a period of five years, been in possession, claiming under such patent the lands intended to be described therein and thereby, but which lands are incorrectly described in the patent, the person so in possession of the lands may have a new and correct survey made of the lands covered by the patent. The plat or map and field-notes constituting the survey shall be made and certified by the county surveyor of the county in which the land is located or by any other surveyor licensed by the State.
(Added by Stats. 1943, Ch. 609.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 4 - Provisions Relating to Public Lands Generally › ARTICLE 7 - Correction of Incorrect Descriptions of Patented Lands › Section 7952.

7952. After the map or plat and field-notes constituting the survey have been made, the field-notes and the map or plat shall be submitted to the commission for approval. If approved by it, the commission shall so certify and a copy of the map or plat and field-notes shall be filed in the office of the commission and a copy recorded in the office of the county recorder of the county in which the land is situated. Such map or plat shall thereafter be the official map or plat of the land so surveyed.
(Added by Stats. 1943, Ch. 609.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 4 - Provisions Relating to Public Lands Generally › ARTICLE 7 - Correction of Incorrect Descriptions of Patented Lands › Section 7953.

7953. After the filing and recording of the map or plat and field-notes, the purchaser or his successors in interest holding lands under such patent may file a verified petition in the superior court of the county in which all or the greater part of the property is located for the correction of the errors in the description. He shall set forth a copy of the patent in the petition, together with a statement showing a correct description of the lands intended to be described therein as is shown upon the plat or map and field-notes, and shall pray that a decree be entered by the court confirming the descriptions as so amended.
(Added by Stats. 1943, Ch. 609.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 4 - Provisions Relating to Public Lands Generally › ARTICLE 7 - Correction of Incorrect Descriptions of Patented Lands › Section 7954.

7954. Upon the filing of the petition, the court shall set a day for the hearing thereof not less than 20 days from the date of the filing of the petition. A copy of the petition and of the order fixing time of hearing shall be served upon all owners of lands which are or may be affected by the decree of confirmation at least 10 days before the hearing and such owners may appear upon the day fixed and oppose the petition.
(Added by Stats. 1943, Ch. 609.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 4 - Provisions Relating to Public Lands Generally › ARTICLE 7 - Correction of Incorrect Descriptions of Patented Lands › Section 7955.

7955. If, after the hearing, the court is satisfied that the descriptions as corrected are the true descriptions, it shall render a decree confirming the descriptions, which thereafter shall have the same effect as if the patent described the land in accordance with the corrected descriptions.
(Added by Stats. 1943, Ch. 609.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 4 - Provisions Relating to Public Lands Generally › ARTICLE 7 - Correction of Incorrect Descriptions of Patented Lands › Section 7956.

7956. The cost of making the survey, map or plat and field-notes and all other necessary costs incurred in a suit brought under this article shall be apportioned among the petitioners and owners of lands affected by the decree in such proportions as the court may deem equitable.
(Added by Stats. 1943, Ch. 609.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 4 - Provisions Relating to Public Lands Generally › ARTICLE 7 - Correction of Incorrect Descriptions of Patented Lands › Section 7957.

7957. Certified copies of the decree entered in the suit shall be filed in the office of the county recorder and in the office of the commission.
(Added by Stats. 1943, Ch. 609.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 4 - Provisions Relating to Public Lands Generally › ARTICLE 7 - Correction of Incorrect Descriptions of Patented Lands › Section 7958.

7958. Any number of land owners whose lands are contiguous or would be affected by the decree may unite in one petition under this article.
(Added by Stats. 1943, Ch. 609.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 4 - Provisions Relating to Public Lands Generally › ARTICLE 8 - Procedure on Improper Sales and Abandonment of Entries › Section 7971.

7971. If any land was not the property of the State, at the date application was filed therefor, or if the land applied for was swamp and overflowed land but the application became or was void by reason of the fact that the land had not been segregated, or if subsequent to March 20, 1889, any money has been accepted by the State as a part of or on account of the purchase price of any State land under an application or certificate of purchase which at the time of accepting such money had become invalidated by reason of an act of the Legislature of the State of California entitled “An act respecting the payment in full by holders of certificates of purchase for lands sold by the State of California prior to March 27, 1872, and for which the said State has at any time heretofore issued certificates of purchase to subsequent purchasers,” approved March 20, 1889, the owner of such certificate of purchase or patent may receive in exchange therefor, from the commission, a certificate showing the amount paid and the class of land upon which payment was made by conveying a quitclaim deed to the State, all of his right, title and interest in and to the land. If the land is lieu land or indemnity land, the commission’s certificate shall not issue until the selection therefor is canceled by authority of the Department of the Interior.
(Added by Stats. 1945, Ch. 1067.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 4 - Provisions Relating to Public Lands Generally › ARTICLE 8 - Procedure on Improper Sales and Abandonment of Entries › Section 7972.

7972. In all cases where money has been paid since the passage of the act of March 20, 1889, on account of the purchase price of lands where the certificates or applications, became invalidated by reason of that act, the amount to be repaid as shown in the certificate to be issued by the commission in exchange for the certificate of purchase, shall be only such amount as has been paid on account of the purchase price of such lands subsequent to the passage of the act of March 20, 1889.
(Added by Stats. 1945, Ch. 1067.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 3 - SALE OF PUBLIC LANDS › CHAPTER 4 - Provisions Relating to Public Lands Generally › ARTICLE 8 - Procedure on Improper Sales and Abandonment of Entries › Section 7973.

7973. The authority of the commission to issue such certificate and likewise the authority of the auditor and Controller to issue their warrants, as provided in Section 7974, shall not be barred by any period of time which may have elapsed since the issuance of the certificate of purchase or patent, but in the issuance of the certificate, the commission shall first determine that the person applying for the certificate is the owner of the certificate of purchase or patent, and has not assigned or conveyed his interest therein or in the land therein described or any part thereof, and that it is a proper case for the issuance of a certificate. A copy of a patent duly certified by the county recorder of any county where it has been recorded shall have the same force and effect as the original.
(Added by Stats. 1945, Ch. 1067.)