If a citizen of the United States, duly qualified, desires to purchase
state school lands at the statutory price of one dollar and twenty-five
cents per acre, he must file his application for a section, or such
fraction thereof as he may desire, or be entitled to purchase, with the
surveyor-general of the state, who is also ex-officio registrar of the
State Land Office. If there are no school lands open for purchase at the
time, naturally they cannot be purchased; but if, on the contrary, the
state owns many sections of school lands which have been included in
restricted areas, the surveyor-general will select for the applicant
from the public domain such state lieu lands as the purchaser may
desire. However, no such selection of lieu lands can be made by the
surveyor-general unless there is a corresponding loss of school lands
_as the basis for the selection._
Now, this basis constituted the horns of a dilemma upon which Bob McGraw
had once found himself impaled in an attempt to purchase three hundred
and twenty acres of timbered land in the public domain--land which he
knew would, in the course of a few years, become very valuable. Bob's
restless nature would not permit of his taking up the claim under the
homestead law, for that would entail residence on the property for more
years than Bob could afford to remain away from his beloved desert;
hence he decided to acquire it by purchase as state lieu land at a
time when he knew there were no available school lands lying outside
restricted areas. Mr. McGraw saw an attractive profit in purchasing at
one dollar and twenty-five cents per acre three hundred and twenty acres
of timber worth fully fifty dollars per acre.
Thrilled, therefore, with most pleasurable anticipations, Mr. McGraw had
duly filed his application for purchase of this particular half-section,
under Section 3495 of the Political Code of the State of California. He
knew that, owing to the recent extension of the Forest Reserve policy,
thousands of acres of school lands had recently been lost to the state,
and that therefore, under the law, there could be no legal hindrance to
his purchase of lieu lands--particularly in view of the fact that there
were several hundred thousand acres of government lands within the state
from which to make his selection!
To Bob's surprise, his application for the purchase of lieu lands had
been denied, under a ruling of the State Land Office--a ruling
having absolutely no foundation under any section of legislative
procedure--which stipulated that before the State Land Office could
receive or grant an application for the purchase of lieu lands, the
intending purchaser _must first designate the basis of corresponding
loss to the state of school lands._
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account