20 acres of public land can be staked out and 'claimed' for $100 yearly fee. Can I legally build on this land?

Question

Mining Act of 1872 allows any American citizen and even foreign corporations to drive four stakes into the ground at the corners of government owned public land in most western states and apply for a patent (title) on the land. You can apply for as many as you like and pay a yearly $100 fee for the land.

Would I be able to stake our 50 or 100 of these 20 acre parcels and build homes on these sites, sell them at a profit?

Has anyone actually done this yet?

I know there is a patent moratorium that is renewed by Congress every year, but that just stops you from buying the title to the land at $5 per acre, but you can still pay the $100 yearly per 20 acre plot. The big question remains:

Is this legal?

Answer 1

I have never heard of this, but I will advise you to call your county clerk or regsitrar of deeds and ask them. They will know.

Answer 2

The mining act won't help you unless you are going to put in a mine.

There are similar provisions for grazing rights on public land, but the same families have held the rights for many generations and only forfeit them when they stop paying for the right, which cost $1 per acre per year. They are allowed one cow per acre.
They can only build shelters for the cows, no houses of any kind, even for the farm hands.

Answer 3

Good question. No. The Mining Act did not apply to owning the land but only to the mineral rights on the land. There have been later changes to the law. You can easily do your own research by typing "Mining Act of 1972" into your browser.

Answer 4

We have 12 acres now and we have a garden, Bermuda grass volleyball court, large maintained yard, pool, beautiful trees to sit under and are planning to build a gazebo with a fire ring, patio in the woods and plant a mini orchard this fall. If we had 8 more acres, we would probably plant a larger garden and build another house. I wish we could be totally self sufficient. Sandy :O)

Answer 5

i sure wish i knew how to get a piece of land i am a native way back to the Indians with mixed other blood and i need a place to call home for once in my life, 78 places in my 50 years

Answer 6

While it is legal, virtually all of the land that was worth claiming has long since been claimed. There simply isn't any left to claim.