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Nineteenth-Century Land Policy
The Homestead Act, considered to be one of the most influential pieces of legislation ever approved by Congress, was passed on May 20, 1862. As a result of vigorous agitation by western settlers, the U.S. Congress had, for many years, attempted to settle requests for inexpensive land. The allotment of land started immediately after the end of the American Revolution. The new government had no money to pay the soldiers, yet had an abundance of available land. As a result, the U.S. government decided to grant solders land warrants as payment. The boundaries of land parcels, however, were unclear, making it difficult to allot specific lands to specific individuals. Consequently, the first Congress created the Land Act of 1785 establishing the Federal Survey System. The act required that land be surveyed and broken up into square parcels six miles square called townships. Each township would then be divided up into 36 sections each one mile square, and each section would be given an identification number. Each acre could be sold for $1, or $640 per section. Additionally, section sixteen in each township was to remain open for educational purposes.
| Table 1 Disposal of the Public Domain, 1785-1891 | ||||
|---|---|---|---|---|
| Year | Act | Min.-Max. Acreage for Sale | Price per Acre and Credit Options | Misc. |
| 1785 | Ordinance of 1785 | 640 acres (1 township) | $1 plus surveying fees | Provided for rectilinear surveying. |
| 1787 | Ordinance of 1787 | N.W. territory defined as land between the Ohio and Mississippi Rivers (N.W. of Ohio River). | ||
| 1796 | Land Act of 1796 | 640-5,120 acres | $2 min., but land auctioned to highest bidder. 5% down, 50% due in 30 days and balance due in 1 yr. | Farmers claimed act favored speculators. Passed to implement N.W. Ordinance. |
| 1800 | Land Act of 1800 (modified 1796 act) | Min. acreage reduced to 320 acres | Payment due in 2 yrs. | Considered liberal, but farmers continued to agitate for smaller parcels and lower prices. |
| 1802 | Ohio Enabling Act | Allowed federal government to retain title of land within public land states, except for 1 section per township that was set aside for education. | ||
| 1804 | Land Act of 1804 (modified 1800 act) | Min. acreage reduced to 160 acres | $1.64 min. | Farmers continued to agitate. |
| 1807 | Intrusion Act | Authorized penalties for squatters. | ||
| 1820 | Land Act of 1820 (modified 1804 act) | Min. acreage reduced to 80 acres | $1.25 min. Credit abolished | Upset settlers. Favored speculators over settlers. |
| 1821-1832 | Relief Acts | 11 relief acts to help settlers stay on their land. | ||
| 1832 | Amendment to 1820 Act | Min. acreage reduced to 40 acres | ||
| 1841 | Preemption Act | 160 acres max. | $1.25 | Allowed settlers to settle before actual purchase of land. |
| 1850-1871 | 79 misc. railroad grants | 131 million acres | Land granted to railroad companies to encourage construction. | |
| 1850 | Swampland Act | Swampland only | Ceded to states | Title to land too swampy to cultivate was transferred to the state in which it was located. |
| 1854 | Graduation Act | $1-12.5¢ | Land not previously sold could be sold at lower prices depending on how long the land had been on the market. | |
| 1862 | College Land Grant Act | 30,000 acres to states for each senator and representative | Land to be used for the purpose of creating agricultural and mechanical colleges. | |
| 1862 | Homestead Act | 160 acres | Free after 5 yrs. residence | |
| 1862-1864 | Pacific Railway Acts | 10-40 sections per mile granted to railroads | ||
| 1873 | Timber Culture Act | 160-acre tracts of wooded areas | $2.50 | 40 acres had to be maintained as timber reserves. Applicable only in Pacific states. |
| 1877 | Desert Land Act | 640 acres | 25¢ | Arid lands had to be irrigated for 3 yrs. |
| 1878 | Timber and Stone Act | 160 acres max. | $2.50 | Sale of public domain for nonagricultural purposes in Pacific states. |
| 1891 | Land Revision Act | Allowed president to set aside public domain in order to create “forest reserves.” Harrison was the first to do this. | ||
The Land Act of 1785 would be amended in 1800 when Congress, under President Harrison, passed the Land Ordinance of 1800. This act reduced the amount of land which could be purchased from 640 acres to 320 acres. It further established a credit system, where one-fourth of the payment was due at the time of purchase, and the rest would come in installments. Furthermore, in the mid 1820s, the United States passed new land laws that called for a reduction in the minimum price per acre of land. Furthermore, it called for the minimum plot to be reduced from 160 to 80 acres, allowing settlers to purchase land for as little as $100.
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- Nineteenth-Century Land Policy
- Pick-Sloan Plan of 1944
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- The Way West
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