United States Code

§ 1100. Disposition of certain lands south of Cimarron base line; reservation of mineral deposits; time for filing patent applications.

Whenever it shall be shown, under such regulations as the Secretary of the Interior may prescribe, that public land situated south of the Cimarron base line in Oklahoma and north of the north line of Texas has been used, improved, or cultivated in connection with abutting land, and has been held in good faith, in peaceful, open, adverse possession by a citizen or citizens of the United States, his or their ancestors, or grantors, for a period not less than twenty years prior to August 7, 1946, such citizen or citizens shall be entitled to receive a patent therefor upon payment of $1.25 per acre: Provided, That oil, gas, or other mineral deposits contained therein are reserved to the United States; that said minerals shall be and remain subject to sale or disposal by the United States under applicable laws; and that permittees, lessees, grantees, or agents of the United States shall have a right to enter upon said lands for the purpose of prospecting for and mining said minerals: And provided further, That any person entitled to patent under this section and section 1101 of this title shall present his application within one year from the official filing of the township plat. 1946, ch. 772, § 1, 60 Stat. 872.)

(Aug. 7,

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1101 of this title.

§ 1101. Same; relinquishment of title to town lots; reservation of mineral deposits.

Where any land included within the area described in section 1100 of this title has been included in townsite plats recorded on the county records in Texas or Oklahoma, and the lots, blocks, streets, alleys, and highways, have been shown on the official United States township plats, according to such townsite plats, the title of the United States to town lots shown on such plats is relinquished to and confirmed in those persons, their heirs, assigns, or successors, who would be the true and lawful owners if the lands had been owned in fee simple at the time of the recordation of such townsite plats. The township plats representing streets and alleys of any townsite shall be considered as executed under the townsite laws, and shall constitute a dedication of the streets, alleys, and public highways shown thereon: Provided, That the oil, gas, or other mineral deposits in the land relinquished, confirmed, or dedicated by this section, are reserved to the United States for disposal as provided in section 1100 of this title. (Aug. 7, 1946, ch. 772, § 2, 60 Stat. 872.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1100 of this title.

§ 1102. Same; management and disposition of reconveyed Choctaw and Chickasaw Indian lands. The Secretary of the Interior is authorized to provide, in accordance with the terms of sections 1102 to 1102g of this title, for the management and disposition of any interest of the United States in those lands which were reconveyed to the United States by deeds of conveyance executed on November 29, 1950, by the principal chief of the Choctaw Nation and the governor of the Chickasaw Nation, or which have been, or may be, reconveyed to the United

States by any further and supplemental conveyances made under the authority of the Interior Department Appropriation Act of June 28, 1944 (58 Stat. 463, 483), the joint resolution of June 24, 1948 (62 Stat. 596), and the First Deficiency Appropriation Act of May 24, 1949 (63 Stat. 76, 84). (Aug. 3, 1955, ch. 498, § 1, 69 Stat. 445.)

REFERENCES IN TEXT

The Interior Department Appropriation Act of June 28, 1944, referred to in the text, is act June 28, 1944, ch. 298, 58 Stat. 463. For distribution in this Code, see Tables.

The joint resolution of June 24, 1948, referred to in the text, is Joint Res. June 24, 1948, ch. 618, 62 Stat. 596, which was not classified to the Code.

The First Deficiency Appropriation Act of May 24, 1949, referred to in the text, is act May 24, 1949, ch. 138, 63 Stat. 76. For distribution in this Code, see Tables.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1102a, 1102b, 1102c, 1102e, 1102f, 1102g of this title.

§ 1102a. Same; public or private sale of lands; relinquishment; preferences.

(a) The Secretary of the Interior, in order to facilitate the administration and management of the lands, to remove any clouds on the titles of any persons to interests in such lands, or to establish definite boundaries for such lands, may (1) sell any tract of the lands at public sale to the highest responsible bidder, or at private sale; or (2) relinquish any tract of such lands, with or without compensation, to any person having a legal or equitable interest therein. In passing upon a proposed disposition of any tract of land under this subsection, the Sectract involved is most suited and whether it may be retary shall take into account the uses to which the better utilized in private ownership.

(b) In selling any tract under subsection (a) of this section, the Secretary shall make such provision as he may deem appropriate to give a preference right to any occupant of the tract who has, or whose predecessors in interest have, lawfully and continuously occupied the tract for home, business, or school purposes since April 30, 1949, or earlier. The Secretary shall give any occupant who is lawfully in possession of a tract at the time of its offer for sale, an appropriate period within which such occupant may remove improvements constructed by him or by his predecessors in interest, or may elect to receive compensation for such improvements, from the successful purchaser of the tract in an amount equal to the appraised value of the improvements as determined by the Secretary.

(c) In disposing of an interest in any tract under sections 1102 to 1102g of this title, the Secretary may also give a preference right, when he deems it appropriate, to any owner of an interest in any land adjoining the tract to be disposed. (Aug. 3, 1955, ch. 498, § 2, 69 Stat. 445.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1102, 1102b, 1102c, 1102e, 1102f, 1102g of this title.

§ 1102b. Same; sale or lease of lands to State of Oklahoma or other agency or organization; relinquishment of surface rights.

(a) The Secretary may sell or lease any tract under the provisions of sections 869 to 869-3 of this title, to the State of Oklahoma or any other agency or organization qualified under said sections.

(b) Upon the filing of an application by an appropriate local governing body within two years

after the first issuance of regulations under sections 1102 to 1102g of this title, the Secretary of the Interior may relinquish or convey to such body, without compensation, the surface rights to any tract of the lands which, prior to the transfer of title to the United States, was set apart for streets, alleys, or other public purposes, even though not legally dedicated to such purposes. (Aug. 3, 1955, ch. 498, § 3, 69 Stat. 446.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1102, 1102a, 1102c, 1102e, 1102f, 1102g of this title.

§ 1102c. Same; quitclaim deeds; minimum price; reservation of mineral deposits; survey.

(a) The Secretary of the Interior shall issue quitclaim deeds for any lands disposed of under section 1102a or 1102b of this title. The Secretary shall fix through appraisal the minimum price to be paid for lands that are offered for sale under subsection (a) (1) of section 1102a of this title. If any lands are relinquished under subsection (a) (2) of section 1102a of this title, without compensation, the Secretary shall require the grantee to pay a service charge of not less than $10.

(b) And deed for lands disposed of under section 1102a of this title shall contain a reservation to the United States of all mineral deposits, together with the right to prospect for, mine, and remove the same under applicable provisions of law. Any deed for lands disposed of under sections 1102 to 1102g of this title shall contain any provision which the Secretary determines is necessary in order to protect the rights of the holders of existing interests in the lands, or to permit access to any of the lands in which the Federal Government retains an interest.

(c) If a survey is necessary to describe properly any lands that are to be disposed of under sections 1102 to 1102g of this title, the Secretary shall require the proposed grantee to pay the proportionate cost of such survey. (Aug. 3, 1955, ch. 498, § 4, 69 Stat. 446.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1102, 1102a, 1102b, 1102e, 1102f, 1102g of this title.

§ 1102d. Same; easements, leases or permits.

The Secretary of the Interior may issue easements, leases, or permits for the development and use of nonmineral resources of the lands or may sell such resources. (Aug. 3, 1955, ch. 498, § 5, 69 Stat. 446.) SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1102, 1102a, 1102b, 1102c, 1102e, 1102f, 1102g of this title.

§ 1102e. Same; contributions or donations of money, services, and property.

The Secretary of the Interior may accept contributions or donations of money, services, and property to further the provisions of sections 1102 to 1102g of this title. Moneys received under this section shall be covered into the Treasury and are appropriated and made available until expended, as the Secretary may direct, for payment of expenses incident to the function toward the administration of which the contributions were made and for refunds to contributors of amounts contributed by them in excess of

their appropriate share of such expenses, as determined by the Secretary. (Aug. 3, 1955, ch. 498, § 6, 69 Stat. 446.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1102, 1102a, 1102b, 1102c, 1102f, 1102g of this title.

§ 1102f. Same; regulations.

The Secretary of the Interior may issue such regulations as may be necessary or appropriate to carry out the provisions of sections 1102 to 1102g of this title, including regulations providing for the protection of the surface and other nonmineral values of lands disposed of under said sections whenever any mineral rights reserved to the United States are exercised by it or under its authority. (Aug. 3, 1955, ch. 498, § 7, 69 Stat. 447.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1102, 1102a, 1102b, 1102c, 1102e, 1102g of this title.

§ 1102g. Same; deposit of moneys.

All moneys realized under the provisions of sections 1102 to 1102g of this title, except moneys received under the provisions of section 1102e of this title, shall be deposited in the Treasury as miscellaneous receipts. (Aug. 3, 1955, ch. 498, § 8, 69 Stat. 447.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1102, 11028, 1102b, 1102c, 1102e, 1102f of this title.

TOWN SITES

§ 1111. Entry by trustees.

So much of the public lands situate in the former Territory of Oklahoma, open to settlement prior to May 14, 1890, as may be necessary to embrace all the legal subdivisions covered by actual occupancy for purposes of trade and business, not exceeding twelve hundred and eighty acres in each case, may be entered as town sites, for the several use and benefit of the occupants thereof, by three trustees to be appointed by the Secretary of the Interior for that purpose, such entry to be made under the provisions of section 718 of this title as near as may be; and when such entry shall have been made, the Secretary of the Interior shall provide regulations for the proper execution of the trust by such trustees, including the survey of the land into streets, alleys, squares, blocks, and lots when necessary, or the approval of such survey as may already have been made by the inhabitants thereof, the assessment upon the lots of such sum as may be necessary to pay for the lands embraced in such town site, costs of survey, conveyance of lots, and other necessary expenses, including compensation of trustees: Provided, That the Secretary of the Interior may when practicable cause more than one town site to be entered and the trust thereby created executed in the manner herein provided by a single board of trustees, but not more than seven boards of trustees in all shall be appointed for said Territory, and no more than two members of any of said boards shall be appointed from one political party.

On January 1, 1899, the boards of trustees for town sites, and each of them in said Territory, shall cease

and be abolished, and no compensation shall be allowed or paid to anyone, member or trustee or disbursing agent, on or after January 1, 1899. And so much of the trust vested in said boards and prior to July 7, 1898, initiated as shall remain unexecuted on said date shall be vested in the Commissioner of the General Land Office, who is authorized and empowered to complete the same. (May 14, 1890, ch. 207, § 1, 26 Stat. 109; July 7, 1898, ch. 571, § 1, 30 Stat. 674.)

CODIFICATION

The first paragraph of this section is from act May 14, 1890.

The second paragraph of this section was a proviso annexed to an appropriation for the boards on townsite entries in act July 7, 1898.

The word "former" before "Territory of Oklahoma" did not appear in the original text, Oklahoma being admitted into the Union as a State by act June 16, 1906, ch. 3335, 34 Stat. 267.

INDIAN LANDS

Special provisions relating to townsites upon lands ceded by particular Indian bands or tribes were made by acts May 2, 1890, ch. 182, § 22, 26 Stat. 91, and Mar. 11, 1902, ch. 180, 32 Stat. 63.

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of that Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.

The office of Commissioner of the General Land Office was abolished and its functions transferred to the Secretary of the Interior or such officer as he may designate by 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F. R. 7876, 60 Stat. 1100. See note under former section 1 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1112, 1116, 1117, 1118 of this title.

§ 1112. Evidence of occupancy.

In the execution of such trust, and for the purpose of the conveyance of title by said trustees, or by the Commissioner, after January 1, 1899, any certificate or other paper evidence of claim duly issued by the authority recognized for such purpose by the people residing upon any town site the subject of entry hereunder, shall be taken as evidence of the occupancy by the holder thereof of the lot or lots therein described, except that where there is an adverse claim to said property such certificate shall only be prima facie evidence of the claim of occupancy of the holder: Provided, That nothing in sections 1111 to 1117 of this title shall be so construed as to make valid any claim invalid, prior to May 14, 1890, of those who entered upon and occupied said lands in violation of the laws of the United States or the proclamation of the President thereunder: Provided further, That the certificates hereinbefore mentioned shall not be taken as evidence in favor of any person claiming lots who entered upon said lots in violation of law or the proclamation of the President thereunder. (May 14, 1890, ch. 207, § 2, 26 Stat. 109; July 7, 1898, ch. 571, 30 Stat. 674.)

CODIFICATION

The words "or by the Commissioner, after January 1, 1899," did not appear in the original text. Under act July 7, 1898, incorporated in section 1111 of this title, boards of trustees were abolished on Jan. 1, 1899, and the unexecuted portion of their trusts vested in the Commissioner of the General Land Office.

TRANSFER OF FUNCTIONS

The office of Commissioner of the General Land Office was abolished and its functions transferred to the Secretary of the Interior or that officer as he may designate by 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F. R. 7876, 60 Stat. 1100. See note under former section 1 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1116, 1117, 1118 of this title.

§ 1113. Church lots.

Lots of land occupied by any religious organization, incorporated or otherwise, conforming to the approved survey within the limits of such town site, shall be conveyed to or in trust for the same. (May 14, 1890, ch. 207, § 3, 26 Stat. 109.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1112, 1116, 1117, 1118 of this title.

§ 1114. Sale or reservation of lots.

All lots not disposed of as hereinbefore provided for shall be sold under the direction of the Secretary of the Interior for the benefit of the municipal government of any such town, or the same or any part thereof may be reserved for public use as sites for public buildings, or for the purpose of parks, if in the judgment of the Secretary such reservation would be for the public interest, and the Secretary shall execute proper conveyances to carry out the provisions of this section. (May 14, 1890, ch. 207, § 4. 26 Stat. 109.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1112, 1116, 1117, 1118 of this title.

§ 1115. Kansas town-site law to govern.

The provisions of sections 4, 5, 6, and 7 of an act of the Legislature of the State of Kansas, entitled "An act relating to town sites", approved March 2, 1868, shall, so far as applicable, govern the trustees, or the commissioner after January 1, 1899, in the performance of their duties hereunder. (May 14, 1890, ch. 207, § 5, 26 Stat. 109; July 7, 1898, ch. 571, 30 Stat. 674.)

REFERENCES IN TEXT

For Kansas Act Mar. 2, 1868, §§ 4-7, referred to in the text, see Kansas G.S. 1949, 67-601.

CODIFICATION

The words "or the Commissioner after January 1, 1899," did not appear in the original text. They refer to the Commissioner of the General Land Office who took charge of the unexecuted portions of the trusts vested in the boards of trustees on such date, under act July 7, 1898,

incorporated in section 1111 of this title, which abolished aboards of trustees on Jan. 1, 1899.

TRANSFER OF FUNCTIONS

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1112, 1116, 1117, 1118 of this title.

§ 1116. Preference of pending entries; appeals.

All entries of town sites pending, prior to May 14, 1890, on application thereafter made under sections 1111 to 1117 of this title shall have preference at the local land office of the ordinary business of the office and shall be determined as speedily as possible, and if an appeal shall be taken from the decision of the local office in any such case to the Commissioner of the General Land Office, the same shall be made special, and disposed of by him as expeditiously as the duties of his office will permit, and so if an appeal should be taken to the Secretary of the Interior. And all applications, prior to May 14, 1890, filed in the proper land office shall have the same force and effect as if made under the provisions of sections 1111 to 1117 of this title, and upon the application of the trustees herein provided for, or of the commissioner after January 1, 1899, such entries shall be prosecuted to final issue in the names of such trustees or commissioner without other formality, and when final entry is made the title of the United States to the land covered by such entry shall be conveyed to said trustees or commissioner for the uses and purposes provided in said sections. (May 14, 1890, ch. 207, § 6, 26 Stat. 110; July 7, 1898, ch. 571, 30 Stat. 674.)

CODIFICATION

The words "or the Commissioner after January 1, 1899," and subsequent references to the Commissioner, did not appear in the original text. They refer to the Commissioner of the General Land Office, who, under act July 7, 1898, incorporated in section 1111 of this title, was, on Jan. 1, 1899, vested with the unexecuted portions of the trusts formerly vested in the boards of trustees.

TRANSFER OF FUNCTIONS

The trustees appointed under sections 1111 to 1117 of this title, or the commissioner after January 1, 1899, shall have the power to administer oaths, to hear and determine all controversies arising in the execution of said sections, shall keep a record of their proceedings, which shall, with all papers filed with them and all evidence of their official acts, except conveyances, be filed in the General Land Office and become part of the records of the same, and all conveyances executed by them shall be acknowledged before an officer duly authorized for that purpose. They shall be allowed prior to January 1, 1899, such compensation as the Secretary of the Interior may prescribe, not exceeding $10 per day while actually employed; and such traveling and other necessary expenses as the Secretary may authorize and the Secretary of the Interior shall also provide them with necessary clerical force by detail or otherwise. (May 14, 1890, ch. 207, § 7, 26 Stat. 110: July 7, 1898, ch. 571, 30 Stat. 674.)

CODIFICATION

The words "or the Commissioner after January 1, 1899," at the beginning of this section, and "prior to January 1, 1899," preceding "such compensation as the Secretary of the Interior may prescribe" did not appear in the original text. Act July 7, 1898, incorporated into section 1111 of this title, abolished the boards of trustees on Jan. 1, 1899, vested the unexecuted portions of their trusts in the Commissioner of the General Land Office and it also provided that no compensation should be paid after Jan. 1, 1899.

TRANSFER OF FUNCTIONS

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1112, 1116, 1118 of this title.

§ 1118. Town-site laws extended to Cherokee Outlet. The provisions of sections 1111 to 1117 of this title are made applicable to the territory known as the "Cherokee Outlet", and on September 1, 1893, a part of the Territory of Oklahoma. (Sept. 1, 1893, No. 4. 28 Stat. 11.)

CODIFICATION

An omitted provision of the original text repealed inconsistent laws.

ADMISSION OF OKLAHOMA AS STATE Oklahoma, referred to in the text as a territory, was admitted into the Union as a State by act June 16, 1906, ch. 3335, 34 Stat. 267.

PROCLAMATION

The Cherokee Outlet was opened to settlement by Proclamation No. 5, of Aug. 19, 1893, 28 Stat. 1222.

§ 1119. Vacation of town-sites; homestead entries; sale.

In all cases where a town site, or an addition to a town site, entered under the provisions of section 1094 of this title shall be vacated in accordance with the laws of Oklahoma, and patents for the public reservations in such vacated town site. or addition thereto, have not been issued, it shall be lawful for the Secretary of the Interior, or such officer as he may designate, upon an official showing that such town site, or addition thereto, has been vacated, and upon payment of the homestead price for such reservations, to issue a patent for such reservations to the original entryman. If the original entryman shall fail or neglect to make application for the reservations within six months from the vacation of such town site, or from May 11, 1896, the reservations shall be subject to disposal under the provisions of section 1171 of this title.

If a patent has issued prior to May 11, 1896, or shall thereafter issue, for any such reservation, to any town or municipality, such town or municipality, upon the vacation of the town site or addition thereto, as aforesaid, may sell the same at public or private sale to the highest bidder after thirty days' public notice of such sale, and convey said lands to the purchaser by proper deed of conveyance, and cover the proceeds of such sale into the school fund of such town or municipality: Provided, That where, by reason of the vacation of an entire town site and all its additions, the municipal organization has ceased to exist, the reservations in such vacated town site which may have been patented to the town may be disposed of as isolated tracts under the provisions of section 1171 of this title. (May 11, 1896, ch. 168, §§ 1, 2. 29 Stat. 117; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F. R. 7876, 60 Stat. 1100.)

CODIFICATION

The first and second pars. of this section are comprised of sections 1 and 2 of act May 11, 1896, respectively. The words "Territory of" preceding “Oklahoma" in the original text are omitted from this section, Oklahoma having been admitted into the Union as a state by act June 16, 1906, ch. 3335, 34 Stat. 267.

TRANSFER OF FUNCTIONS

"Secretary of the Interior, or such officer as he may designate," was substituted for "Commissioner of the General Land Office," on authority of 1946 Reorg. Plan No. 3. See note under former section 1 of this title.

LANDS IN GREER COUNTY

§ 1131. Homestead settlers on lands in Greer County. Every person qualified under the homestead laws of the United States, who, on March 16, 1896, was a bona fide occupant of land within the territory established as Greer County, Oklahoma, shall be entitled to continue his occupation of such land with improvements thereon, not exceeding one hundred and sixty acres, and shall be allowed until January

1, 1898, the preference right, within which to initiate his claim thereto, and shall be entitled to perfect title thereto under the provisions of the homestead law, upon payment of land office fees only, at the expiration of five years from the date of entry, except that such person shall receive credit for all time during which he or those under whom he claims shall have continuously occupied the same prior to March 16, 1896. Every such person shall, until January 1, 1898, also have the right, prior to all other persons, to purchase at $1 an acre, in five equal annual payments, any additional land of which he was in actual possession on March 16, 1896, not exceeding one hundred and sixty acres, which, prior to said date, shall have been cultivated, purchased, or improved by him. When any person entitled to a homestead or additional land, as above provided, is the head of a family, and though still living, shall not take such homestead or additional land, prior to January 1, 1898, any member of such family over the age of twenty-one years, other than husband or wife, shall succeed to the right to take such homestead or additional land for three months longer, and any such member of the family shall also have the right to take, as before provided, any excess of additional land actually cultivated or improved prior to March 16, 1896, above the amount to which such head of the family is entitled, not to exceed one hundred and sixty acres to any one person thus taking as a member of such family.

In case of the death of any settler who actually established residence and made improvement on land in said Greer County prior to March 16, 1896, the entry shall be treated as having accrued at the time the residence was established, and sections 164 and 171 of this title shall be applicable thereto.

The above provisions of this section are so extended as to allow parties who, prior to March 1, 1899, have had the benefit of the homestead laws of the United States, and who had purchased land in Greer County from the State of Texas prior to March 16, 1896, to perfect titles to said lands according to the provisions of this section, under such regulations as the Commissioner of the General Land Office may prescribe, and according to the legal subdivisions of the public surveys, if no adverse rights have attached: Provided, That no settler shall be permitted to acquire to exceed three hundred and twenty acres under this provision. (Jan. 18, 1897, ch. 62, § 1, 29 Stat. 490; June 23, 1897, ch. 8, 30 Stat. 105; Mar. 1, 1899. ch. 328, 30 Stat. 966.)

CODIFICATION

Act Mar. 1, 1899 added par. relating to right of purchasers from Texas to perfect title under the homestead laws.

Act June 23, 1897 extended the time within which the preference right was to be exercised from six months from Jan. 18, 1897 to Jan. 1, 1898. Conforming changes were made by the insertion of, "until January 1, 1898," following "Every such person shall", the deletion of "for six months" following "also have the right," and the substitution of "prior to January 1, 1898" for "within six months from January 18, 1897" following "such homestead or additional land,".

Provisions constituting the third par. of Act Jan. 18, 1897 and formerly classified as the third par. of this section provided for a right of removal of crops and improvements on land not taken by person entitled to the homestead or additional land.

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