---
kind: "range"
citation: "43 U.S.C. §§ 900–902"
title: "43"
from: "900"
to: "902"
count: 3
release: "119-102"
url: "https://uscodex.org/usc/43/900..902"
---

# §900. Suits to cancel patents to lands erroneously issued under railroad or wagon-road grants


Suits by the United States to vacate and annul any patent to lands erroneously issued under a railroad or wagon-road grant shall only be brought within six years after the date of the issuance of such patents. But no patent to any lands held by a bona fide purchaser shall be vacated or annulled, but the right and title of such purchaser is hereby confirmed: Provided, That no suit shall be brought or maintained, nor shall recovery be had for lands or the value thereof, that were certified or patented in lieu of other lands covered by a grant which were lost or relinquished by the grantee in consequence of the failure of the Government or its officers to withdraw the same from sale or entry.


# §901. Claims of bona fide purchasers; establishment of rights


If any person claiming to be a bona fide purchaser of any lands erroneously patented or certified shall present his claim to the [Secretary](/usc/43/31b.md?p=7) of the Interior prior to the institution of a suit to cancel a patent or certification, and if it shall appear that he is a bona fide purchaser, the [Secretary](/usc/43/31b.md?p=7) of the Interior shall request that suit be brought in such case against the patentee, or the corporation, company, person, or [association](/usc/43/31b.md?p=2) of persons for whose benefit the certification was made, for the value of said land, which in no case shall be more than the minimum Government price thereof, and the title of such claimant shall stand confirmed. An adverse decision by the [Secretary](/usc/43/31b.md?p=7) of the Interior on the bona fides of such claimant shall not be conclusive of his rights, and if such claimant, or one claiming to be a bona fide purchaser, but who has not submitted his claim to the [Secretary](/usc/43/31b.md?p=7) of the Interior, is made a party to such suit, and if found by the court to be a bona fide purchaser, the court shall decree a confirmation of the title, and shall render a decree in behalf of the United States against the patentee, corporation, company, person, or [association](/usc/43/31b.md?p=2) of persons for whose benefit the certification was made for the value of the land as hereinbefore provided. Any bona fide purchaser of lands patented or certified to a railroad company, and who is not made a party to such suit, and who has not submitted his claim to the [Secretary](/usc/43/31b.md?p=7) of the Interior, may establish his right as such bona fide purchaser in any United States court having jurisdiction of the subject matter, or at his option, as prescribed in sections [896](/usc/43/896.md) and [897](/usc/43/897.md) of this title.


# §902. Cancellation; investigation before suit


If at any time prior to the institution of suit by the Attorney General to cancel any patent or certification of lands erroneously patented or certified a claim or statement is presented to the [Secretary](/usc/43/31b.md?p=7) of the Interior by or on behalf of any person or persons, corporation or corporations, claiming that such person or persons, corporation or corporations, is a bona fide purchaser or are bona fide purchasers of any patented or certified land by deed or contract or otherwise, from or through the original patentee or corporation to which patent or certification was issued, no suit or action shall be brought to cancel or annul the patent or certification for said land until such claim is investigated in said Department of the Interior; and if it shall appear that such person or corporation is a bona fide purchaser as aforesaid, or that such persons or corporations are such bona fide purchasers, then no such suit shall be instituted and the title of such claimant or claimants shall stand confirmed; but the [Secretary](/usc/43/31b.md?p=7) of the Interior shall request that suit be brought in such case against the patentee, or the corporation, company, person, or [association](/usc/43/31b.md?p=2) of persons for whose benefit the patent was issued or certification was made for the value of the land as hereinbefore specified.