Does the Pre-Emption Act of 1841 Act As The Original Land Patent Date

Does the Pre-Emption Act of 1841 Act As The Original Land Patent Date

Yes and no. Yes, because the land was typically only "sold" to a settler / citizen after this act was passed; however, no because the Act of 1841 must also trace back, without any ownership transfers beyond the federal government's ownership, to the original land patent date (i.e. the date a country's treaty sold the land ot the United States government).

The Preemption Act of 1841 permitted "squatters" who were living on federal government owned land to purchase up to 160 acres (65 ha) at a very low price (not less than $1.25 per acre, or $3.09 per hectare) before the land was to be offered for sale to the general public. To qualify under the law, the "squatter" had to be: 1. a "head of household"; 2. a single man over 21, or a widow; 3. a citizen of the United States (or was intending to become naturalized); and, 4. a resident of the claimed land for a minimum of 14 months. The act further stipulated that Ohio, Indiana, Illinois, Alabama, Missouri, Mississippi, Louisiana, Arkansas, and Michigan, or any state afterward admitted to the Union, would be paid 10% of the proceeds from the sale of such public land. The Preemption Act of 1841 declared that an individual was allowed to acquire federal land and claim it as one's property. However, for the claimant to preserve ownership over the land, the claimant had to do some things to legitimize the claim. One way was to be actively residing on the land. Another was to be consistently working to improve the land (for a minimum of five years). It was not necessary that the claimant be titled to the land, just to be living there and working toward improving the stake was enough. If, however, the land remained idle for six months, the government could step in and take the property.