The Homestead Act of 1862

With the secession of Southern states from the Union and therefore removal of the slavery issue, finally, in 1862, the Homestead Act was passed and signed into law. The new law established a three-fold homestead acquisition process: filing an application, improving the land, and filing for deed of title. Any U.S. citizen, or intended citizen, who had never borne arms against the U.S. Government could file an application and lay claim to 160 acres of surveyed Government land. For the next 5 years, the homesteader had to live on the land and improve it by building a 12-by-14 dwelling and growing crops. After 5 years, the homesteader could file for his patent (or deed of title) by submitting proof of residency and the required improvements to a local land office.

Local land offices forwarded the paperwork to the General Land Office in Washington, DC, along with a final certificate of eligibility. The case file was examined, and valid claims were granted patent to the land free and clear, except for a small registration fee. Title could also be acquired after a 6-month residency and trivial improvements, provided the claimant paid the government $1.25 per acre. After the Civil War, Union soldiers could deduct the time they served from the residency requirements.

Some land speculators took advantage of a legislative loophole caused when those drafting the law’s language failed to specify whether the 12-by-14 dwelling was to be built in feet or inches. Others hired phony claimants or bought abandoned land. The General Land Office was underfunded and unable to hire a sufficient number investigators for its widely scattered local offices. As a result, overworked and underpaid investigators were often susceptible to bribery.

via The Homestead Act of 1862.