Rules for Homesteading

1. No person who is the owner of more than 160 acres of land in any state or
territory can acquire any right under the homestead law.

2. A man has to be twenty-one years of age to make an entry, unless he is
married or is the head of a family.

3. A married woman has no right to make a homestead entry. A deserted wife
can make a homestead entry.

4. A single woman over the age of twenty-one years of age has the right to
make a homestead entry.

5. A single woman does not forfeit her homestead entry by marriage if
thereafter she continues to comply with the law as to residence,
improvements and cultivation. But a husband and wife cannot both hold
separate homestead entries and prove up on both.

6. The widow or children of a homesteader are not required to reside on
their homestead after his death, but must continue cultivation by agent or
otherwise. The widow can enter a homestead in her own right while
cultivating that of her husband, in which event she must actually reside on
the land entered in her own name.

7. Homestead entries cannot be made for more than 160 acres of land.

8. Five years residence from date of entry is required on homesteads for
perfecting the title, except that sailors or soldiers of the late war may
apply, as time of residence, the period of their military service, but in
all cases there must not be less than one year's actual residence on, and
improvement of, the land.

9. After fourteen months' residence on a homestead the entry may be
commuted, if desired, by paying $2.50 per acre, if within the Northern
Pacific Railway land grant, 40 miles each side of the center of said railway
track, or $1.25 per acre, if outside said limit, and the government will
give patent.

10. Any person who entered less than 160 acres of land as a homestead before
March 2, 1889, may now enter enough additional land which, added to the
amount originally entered, will not exceed 160 acres.

11. A person who has not perfected title to a homestead entry, which he made
prior to June 5, 1900, may make a new homestead entry orf 160 acres,
regardless of his previous filing.

12. Any person who, prior to June 5, 1900, commuted on a homestead entry,
may now take another homestead, but must reside on it five years. He cannot
commute the entry again.

13. It is necessary to appear in person when making an entry of homestead

14. Land office fees, when application is made for homestead entry, are as
follows: $14 for 160 acres; $13 for 120 acres; $7 for 80 acres; $6 for 40
acres. If withing the railroad land grant limit, $18 for 160 acres; $16 for
120 acres; $9 for 80 acres; $7 for 40 acres.

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2001 Cathy Joynt Labath