Hi: An explanation of the Homestead Act of 1862 etc. can be found below. The fellow who posted this can provide photocopies of the homestead documents and other land patent records of your ancestors. That info is also at this site - I omitted it for this posting below. I believe the Homestead applications are at the National Archives. If one goes to the NARA site and sends an e-mail to them - they will mail the proper application back for you to fill out and send in. Regards, Nan -------------------------------------- Found at: http://www.time-passages.com/dakota-homestead-records.html Homestead Documents and other Land Patent Records The Homestead States Much of the United States was once "public domain" land owned by the federal government and transferred to individuals under laws enacted by Congress. North Dakota and South Dakota are among the 30 states that were formed from the "public domain." The other 28 states are Alabama, Alaska, Arizona, Arkansas, California, Colorado, Florida, Idaho, Illinois, Indiana, Iowa, Kansas, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Mexico, Ohio, Oklahoma, Oregon, Utah, Washington, Wisconsin, and Wyoming. The homestead and other land ownership records of the pioneers who settled the American West include many valuable documents that show ownership of land acquired under various federal laws designed to promote settlement of the western frontier. Homestead and other land ownership records are rich in genealogical information, and provide two types of important evidence for genealogists. First, they locate individuals and families in a specific time and place with connections to other people in the neighborhood, and second, they clearly show family relationships. Laws that opened up the American West The Pre-emption Act of 1841 accomodated settlers who had established themselves illegally on land ahead of government surveyors. When the surrounding land was eventually surveyed and made ready for public sale, the "squatter" had the right to appear at the local land office and purchase up to 160 acres of their illegal holdings for $1.25 per acre to pre-empt or prevent any subsequent claims, as long as the settler could show proof of a dwelling and improvements to the land. The Pre-emption Act, repealed in 1891, legalized early pioneer settlement on unsurveyed lands, and recognized squatting as a legitimate means of establishing a homestead. Many homestead files contain documents of proof related to the Pre-emption Act. Beginning in 1862, the United States Congress enacted a series of laws that totally transformed the American West. Land grants were given to the four transcontinental railroads to extend rail transportation from the Atlantic to the Pacific. The Homestead Act was adopted, offering free land to anyone willing to live on the land for five years and improve it. Native American peoples were removed from open land to reservations, opening up the west to white settlement. Thirteen new territories, including the Dakota Territory, were admitted to the union. Land grants were given to each state and territory to establish agricultural colleges to encourage productive farming. The Homestead Act of 1862 offered 160 acres of land (80 acres within the railroad grant areas) free to any head of family or person over 21 years of age who was a citizen of the United States or who had filed a declaration of intent to become a citizen in exchange for simply residing on the land for five years and improving it. Quarter sections of land were distributed free, provided the property was lived on and worked for five years. There was also an option to purchase the land after six months of residency for $1.25 per acre. Originally, the Homestead Act applied to surveyed land, but in 1880 it was extended to include unsurveyed land. Railroads spearheaded the onslaught of landseekers, bringing trainloads of homesteaders into the heart of the Western frontier. Every homestead file contains documents related to the Homestead Act. The Timber Culture Act of 1873 was another law that encouraged homesteading and the planting of trees in the west. If a settler planted 40 acres of timber (reduced to 10 acres in 1878) and fostered their growth for 10 years, the individual was entitled to that quarter section of land. The Timber Culture Act also permitted homesteaders who occupied their land for three years, with one acre of trees under cultivation for two of those three years, to receive a patent to the land. The law was eventually repealed in 1882. Many homestead files contain documents of proof related to the Timber Culture Act. The Desert Land Act of 1877 was designed to foster settlement of the arid and semi-arid regions of the west, specifically in Arizona, California, the Dakotas, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming. The Act allowed anyone to purchase 640 acres of land for 25 cents per acre if the land was irrigated within three years of filing. A rancher could receive title to the land any time within the three years upon proof of compliance with the law and payment of one additional dollar per acre. The homestead files of cattle ranchers in the region west of the Missouri River contain documents of proof related to the Desert Land Act and Timber Culture Act. Homestead Land Entry Papers The official records by which the United States government transferred land to individuals, either by sale or by grant, were called land entry papers, and the document that guaranteed title to such land was called a patent. An applicant for a homestead was called an entryman, and the initial documents included in the homestead files of Dakota pioneers were contained in a land-entry case file. The land-entry case file contained the entryman's homestead application, declaration of intent, supporting documents, testimony of witnesses, bounty land warrants (if used in lieu of cash), and naturalization papers, if needed. Land-entry case files are dated from 1863 to June 1908. Some early settlers in the public domain exercised the right of pre-emption, by which they "squatted" on public lands without permission, built a house and made other improvements, and were later allowed to purchase the land at a minimum price of $1.25 per acre when the surrounding land was put up for public sale. Other entrymen who applied for homesteads desired to obtain possession of their land prior to the five-year passage of time required by law. Such persons were able to purchase their land for cash at the established price, instead of waiting to fulfill the homestead conditions. These homestead entry documents in such cases were filed with the cash entry files of the same land office. A homestead application shows the name of the entryman, place of residence at the time of application, description of the land, and the number of acres. The filing of naturalization papers was required of foreign-born persons who desired to establish a homestead and own land. The testimony of a claimant on a homestead proof gives a description of the land, the name, age, and post office address of the claimant, describes the house, gives the date when residence was established, lists the number and relationship of family members, and explains the nature of crops and number of acres under cultivation. Homestead Final Certificate Files A homestead final certificate file includes the homestead application, certificate of publication of intention to complete the claim, final proof of the homestead, including the testimony of the claimant and two witnesses, a certified copy of any naturalization papers, if needed, and a final certificate authorizing the issuance of a patent (first-title deed) transferring the land from the federal government to the private individual. The final proof certificate gives the claimant's name, age, post office address, citizenship, dates the establishment of residence, gives the number and relationship of family members, and describes the location of the tract of land with a description of the house, furniture, the type of crops planted, the number of acres under cultivation, lists farm machinery and tools, includes the testimony of the claimant and two witnesses, usually nearby neighbors, and records the date that the patent was issued, including volume and page number of the recorded copy of the patent in the Bureau of Land Management or in the National Archives. A complete homestead case file includes the homestead application, the certificate of publication of intention to make a claim, the homestead proof, consisting of the testimony of the claimant and two witnesses, the final certificate authorizing the claimant to obtain a patent, and, when appropriate, a copy of the naturalization proceedings or a copy of a Union veteran's discharge certificate. --------------------------------------------------------------------------- ----- Regards, Nan [email protected]