TITLE 58

PUBLIC LANDS

CHAPTER 9

POSSESSORY ACTIONS FOR PUBLIC LANDS

58-901.  Actions to protect possessory rights. Any person being a citizen of the United States or having in accordance with law declared his intention to become a citizen, occupying and settled upon any of the public lands of the United States in this state for the purpose of cultivating or grazing the same, may commence and maintain any action for interference with, or injury to his possession of such land, against any person interfering with or injuring the same; but if such land contains mines of any of the precious metals, the possession or claim of the person occupying the same for the purposes aforesaid must not prevent the working of such mines by persons desiring to work the same, as fully as if no such claim for agricultural or grazing purposes had been made thereon: provided, that this chapter must not be so construed as to allow a person, subsequent to the location of land for agricultural or grazing purposes, to go upon such lands for the purpose of mining without first paying the owner thereof the value of any growing crops he may destroy; this provision does not extend to any crops planted subsequent to their location for mining purposes; and this chapter must not be construed to authorize the maintenance of any claim upon lands which, at the commencement of any such action, may have been selected by the United States and reserved for any purpose.

History:

[(58-901) 1874, p. 751, sec.1; R.S., R.C., & C.L., sec. 4552; C.S., sec. 6971; I.C.A., sec. 56-801.]