SECTIONS 7971-7977 - California Statutes

PUBLIC RESOURCES CODE

SECTION 7971-7977

7971. If any land was not the property of the State, at the date
application was filed therefor, or if the land applied for was swamp
and overflowed land but the application became or was void by reason
of the fact that the land had not been segregated, or if subsequent
to March 20, 1889, any money has been accepted by the State as a part
of or on account of the purchase price of any State land under an
application or certificate of purchase which at the time of accepting
such money had become invalidated by reason of an act of the
Legislature of the State of California entitled "An act respecting
the payment in full by holders of certificates of purchase for lands
sold by the State of California prior to March 27, 1872, and for
which the said State has at any time heretofore issued certificates
of purchase to subsequent purchasers," approved March 20, 1889, the
owner of such certificate of purchase or patent may receive in
exchange therefor, from the commission, a certificate showing the
amount paid and the class of land upon which payment was made by
conveying a quitclaim deed to the State, all of his right, title and
interest in and to the land. If the land is lieu land or indemnity
land, the commission's certificate shall not issue until the
selection therefor is canceled by authority of the Department of the
Interior.

7972. In all cases where money has been paid since the passage of
the act of March 20, 1889, on account of the purchase price of lands
where the certificates or applications, became invalidated by reason
of that act, the amount to be repaid as shown in the certificate to
be issued by the commission in exchange for the certificate of
purchase, shall be only such amount as has been paid on account of
the purchase price of such lands subsequent to the passage of the act
of March 20, 1889.

7973. The authority of the commission to issue such certificate and
likewise the authority of the auditor and Controller to issue their
warrants, as provided in Section 7974, shall not be barred by any
period of time which may have elapsed since the issuance of the
certificate of purchase or patent, but in the issuance of the
certificate, the commission shall first determine that the person
applying for the certificate is the owner of the certificate of
purchase or patent, and has not assigned or conveyed his interest
therein or in the land therein described or any part thereof, and
that it is a proper case for the issuance of a certificate. A copy of
a patent duly certified by the county recorder of any county where
it has been recorded shall have the same force and effect as the
original.

7974. If the land sold was swamp and overflowed, the county auditor
of the county in which the land is situated shall, upon the
surrender to him of the certificate mentioned in Section 7971, draw
his warrant in favor of the person surrendering the certificate for
the amount therein specified, upon the treasurer of the county, who
shall pay the warrant out of the swamp and overflowed land fund of
the district in which the land is situated. If the land sold was not
swamp and overflowed, the Controller of the State, upon the surrender
to him of the certificate, shall draw his warrant in favor of the
person surrendering the certificate, for the amount therein
specified, upon the Treasurer of the State, who shall pay the warrant
out of the fund into which the purchase-money was paid.

7975. Whenever a purchaser of land upon credit desires to abandon
the location or entry made by him, he may do so by conveyance of his
title to the State and surrender of the certificate of purchase, or,
if it has been lost, by filing an affidavit of that fact with the
commission.

7976. Whenever any person has, in conformity with law, conveyed any
land to the State by quitclaim deed, duly executed, delivered, and
accepted by the commission, for the purpose of receiving restitution
of the purchase price thereof, as provided by law, and such
restitution has not been made, and a patent for such land is
thereafter issued in the name of the original purchaser, the title
granted by such patent shall vest in, and inure to the benefit of,
such original purchaser, his heirs, assigns, and successors in
interest, notwithstanding the execution, delivery and acceptance of
the quitclaim deed, as fully and completely as if the quitclaim deed
had never been made, executed, delivered, or accepted.

7977. Upon the issuance of such patent, the commission shall make
and issue to the patentee therein named, his heirs, assigns, and
successors in interest, a certificate under the seal of the
commission, reciting the making, execution, delivery and acceptance
of the quitclaim deed, and further reciting the fact that no
restitution of the purchase price of the land was made. Upon the
presentation of such certificate to the county recorder of the county
wherein such land is situate, the recorder shall record it in the
proper book in the records of such county.