Homestead Act

The Homestead Act is a piece of U.S. legislation which gave one quarter of a section of a township (160 acres, or about 65 hectares)

Fraud and corporate use

The intent of the Homestead Act was to grant land for agriculture. However in the arid areas west of the Rocky Mountains 640 acres was generally too little land for a viable farm (at least prior to major public investments in irrigation projects). In these areas homesteads were instead used to control resources, especially water. A common scheme was for an individual acting as a front for a large cattle operation to file for a homestead surrounding a water source under the pretense that the land was being used as a farm. Once granted, use of that water source would be denied to other cattle ranchers, effectively closing off the adjacent public land to competition. This method could also be used to gain ownership of timber and oil-producing land, as the Federal Government charges royalties for extraction of these resources from public lands. It was generally pointless for land containing "locatable minerals" such as gold and silver which could be controlled through mining claims and for which the Federal Government did not charge royalties.

Related Topics:
Rocky Mountains - Gold - Silver - Mining claim

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There was no systematic method used to evaluate claims under the Homestead Act. Land offices would rely on affidavits from witnesses that the claimant had lived on the land for the required period of time and made the required improvements. In practice many of these witnesses were bribed or otherwise in cahoots with the claimant.

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