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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
YearActMin.-Max. Acreage for SalePrice per Acre and Credit OptionsMisc.
1785Ordinance of 1785640 acres (1 township)$1 plus surveying feesProvided for rectilinear surveying.
1787Ordinance of 1787N.W. territory defined as land between the Ohio and Mississippi Rivers (N.W. of Ohio River).
1796Land Act of 1796640-5,120 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.
1800Land Act of 1800 (modified 1796 act)Min. acreage reduced to 320 acresPayment due in 2 yrs.Considered liberal, but farmers continued to agitate for smaller parcels and lower prices.
1802Ohio Enabling ActAllowed federal government to retain title of land within public land states, except for 1 section per township that was set aside for education.
1804Land Act of 1804 (modified 1800 act)Min. acreage reduced to 160 acres$1.64 min.Farmers continued to agitate.
1807Intrusion ActAuthorized penalties for squatters.
1820Land Act of 1820 (modified 1804 act)Min. acreage reduced to 80 acres$1.25 min. Credit abolishedUpset settlers. Favored speculators over settlers.
1821-1832Relief Acts11 relief acts to help settlers stay on their land.
1832Amendment to 1820 ActMin. acreage reduced to 40 acres
1841Preemption Act160 acres max.$1.25Allowed settlers to settle before actual purchase of land.
1850-187179 misc. railroad grants131 million acresLand granted to railroad companies to encourage construction.
1850Swampland ActSwampland onlyCeded to statesTitle to land too swampy to cultivate was transferred to the state in which it was located.
1854Graduation 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.
1862College Land Grant Act30,000 acres to states for each senator and representativeLand to be used for the purpose of creating agricultural and mechanical colleges.
1862Homestead Act160 acresFree after 5 yrs. residence
1862-1864Pacific Railway Acts10-40 sections per mile granted to railroads
1873Timber Culture Act160-acre tracts of wooded areas$2.5040 acres had to be maintained as timber reserves. Applicable only in Pacific states.
1877Desert Land Act640 acres25¢Arid lands had to be irrigated for 3 yrs.
1878Timber and Stone Act160 acres max.$2.50Sale of public domain for nonagricultural purposes in Pacific states.
1891Land Revision ActAllowed 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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