Jones v. City of Petaluma

Citations

• 38 Cal. 397

Syllabus

<p>Pee-Emption Bights to Lots.™ Towns and Cities.—The Act of Congress entitled “An Act for the disposal of coal lands and of town property in the public domain,” approved July 1, 1864, and the supplementary Act thereto, approved March 3d, 1865, were designed for the benefit and relief of such persons as having settled upon the public land, might desire to lay out and establish a town or city, including their possessions; or having already laid out a town or city on unoccupied public lands, and settled upon lots or municipal subdivisions within the boundaries thereof, to enable the occupants of such town or city lots to procure a title thereto from the United States at a minimum price; and to enable other parties desiring to purchase lots within an established city or town, upon the public lands, to procure a valid title thereto.</p> <p>Idem.—In the passage of these laws, Congress had in view the individual interests of bona fide settlers upon small parcels of public lands, as well as the com- „ mon interests of a community of persons, so contiguously settled as to justify the establishment of a city or town, and did not intend the Act for the especial benefit of municipal organizations or corporations.</p> <p>Idem.—When a portion of the public domain had been laid out as a town, into streets, blocks and lots, settled upon, occupied and appropriated, prior to the Act of July 1st, 1864, persons who,i in good faith, were in the actual possession and occupation of any one or two lots, or other municipal subdivisions, with substantial improvements thereon, then actually existing, or subsequently represented by a proper map, plat, etc., filed, certified and verified by parties assuming to act for the inhabitants of the town, with the view of securing the benefits and privileges contemplated by said Act, acquired legal rights, and a vested interest in such lots or municipal subdivisions which, under the law, they had the privilege of ripening into a perfect title, and of w