CHAPTER 210. STATE SCHOOL LANDS-LEASES-SALES. AN ACT providing for the extension of leases on State and school land which expired January 1, 1915, and relating to State and school lands; and declaring an emergency. Be It Enacted By The People Of The State Of Oklahoma: Leases May Be Extended. Section 1. That all leases on state and school lands which expired January 1, 1915, may be extended by the Commissioners of the Land Office for any number of years not exceeding five years, on the same terms and conditions as the said leases which expired January 1, 1915, or until such time as the said leases shall be sold; provided, that any lessee desiring to extend his leases under this act shall make application to the Commissioners of the Land Office on forms prescribed by the Commissioners for that purpose, within ninety days after this act takes effect. All lessees taking the benefit of this act, shall execute new contracts and notes for the payment of rentals. Sale Contract Canceled-Lease in Lieu Thereof. Section 2. The Commissioners of the Land Office are hereby authorized in their discretion, upon application by any person holding a contract of purchase of any tract of state or school land, and satisfactory showing that such person is unable to make the payments of principal and interest as same become due and payable, to cancel such contract of sale and to issue to such person a preference right lease on such tract, as provided by law for the issuance of leases; provided, that all moneys paid on and according to the provisions of such contract of purchase shall be forfeited to the State; and provided, further, that such lease, if issued, shall not be issued for a less annual rental than that paid at the time of sale; and provided, further, that preference right lease shall not be issued except in case the said land was covered by such preference right lease when originally sold. Irrigation of School Land-Liabilities. Section 3. The Commissioners of the Land Office are hereby authorized in their discretion, upon showing made by the lessee in possession of any tract of school or state lands, to permit any such tract of school or state lands to be included in any proposed federal reclamation irrigation project; provided, that if any such tract is included in any such irrigation project, all costs and expenses connected with such project, same being the pro rata share of the construction of any such project, assessed by the United States Government through the reclamation service, shall be assessed against the improvements and the preference right of any such lessee in possession of any such tract of school or state lands; and any such assessments so made by the United States Government, through the reclamation service, shall be a lien against said improvements and preference right of any such lessee, subject only to the lien of the State for rents due the state; provided further, that in the event of the sale of any such tract or tracts of school and state lands, such irrigation improvements on said lands shall be considered an improvement owned by the lessee and shall be appraised as such; provided, that the state shall not be liable for any expense connected with the building, construction or operation of any such irrigation system. Division of Land Into Acreage Units. Section 4. For the purpose of including any tract of school or state lands in any proposed federal reclamation irrigation project, the Commissioners of the Land Office are hereby authorized in their discretion, upon showing made, to permit the lessee thereof to subdivide the land within such irrigation project and covered by his lease into tracts to conform to the acreage units as may be prescribed by the Secretary of the Interior. Purchase Rights. Section 5. Section 7147 of the Revised Laws of Oklahoma, 1910, is hereby amended to read as follows: "Section 7147. Any lessee holding a preference right lease on any of the lands described in the first section of this article, same being section 33 and indemnity shall have the preference right to purchase all of the lands so leased by him at the highest bid at the time of the sale, or in case of no bid, then to take the same at the appraised value." Payments-Re-sale. Section 7154 of the Revised Laws of Oklahoma, 1910, is hereby amended to read as follows: "Section 7154. In addition to the value of the improvements, five per cent of the purchase price of the land shall be paid, at the time of the sale, except where the land sells for less than one thousand dollars, in which case the initial payment shall be fifty dollars on any quarter section The remainder of the purchase price may be paid in forty equal annual payments, with interest at the rate of five per cent per annum; provided, that after the expiration of one year, the purchaser may at any time make any or all deferred payments, both principal and accrued interest; provided further, that the purchaser shall not be permitted to sell the land so purchased until the end of one year from the date of purchase to any person or persons owning more than one section, according to the United States Survey." Improvements on Lands Sold—Requirements Section 7. Section 7155 of the Revised Laws of Oklahoma, 1910, is hereby amended to read as follows: "Section 7155. Improvement required. The purchaser of any land, sold under the provisions of this article, shall be required to establish and maintain valuable, lasting and permanent improvements other than fencing, together with tillage of same upon lands so purchased, and if the land purchased is grazing land, he shall not be required to establish and maintain valuable, lasting and permanent improvements, other than fencing, thereon before he shall acquire title from the state to any of the land so purchased; and purchasers of said lands shall be limited in purchase of said lands to said lands, and shall not exceed the above mentioned maximum amounts, respectively, of either agricultural or grazing lands; and such purchaser shall take such land subject to such restrictions and conditions. Violations of this provision shall work a forfeiture of said lands, together with the appurtenances thereunto belonging, and the same shall then escheat to the state upon proof of a violation of the conditions herein provided. Provided, that whenever the holders of any certificate of purchase of any state or school lands shall surrender the same to the Commissioners of the Land Office, with the request to have the same divided into two or more certificates, it shall be lawful for the commissioners to issue the same; provided, further that no new certificate shall issue while there is due and unpaid any interest, principal or taxes on the principal certificate of same when in any case where the commissioners of the land office shall be of the opinion, after examination of the land if necessary, that the security will be impaired and endangered by the proposed division and a fee of one dollar for each certificate so issued shall be paid by the applicant, such fee to be a part of the expense fund of the Commissioners of the land office." Transfer of Purchasers' Rights. Section 8. Section 9 of chapter 44, Session Laws of Oklahoma, 1910, is hereby amended to read as follows: "Section 9. Any purchaser of lands under the provisions of this act shall have the right to transfer or assign all his rights, title and interest in and to such lands, and such assignments shall be in form and executed and acknowledged as required under the laws governing conveyances; provided, before delivery of patent, such assignment, to be valid, shall be duly recorded in a proper book, kept for that purpose by the Commissioners of the Land Office; and provided, further, that where the purchaser of such lands has a husband or wife, such husband or wife shall join in the assignment ofany such contract. Upon the sale and transfer of the interest of a holder of a certificate of purchase in and to the land covered thereby, if the same is approved by the Commissioners of the Land Office, and upon the payment of any principal or interest due to date of transfer, and the surrendering of the certificate of purchase transferred, the Commissioners of the Land Office shall issue and deliver to the transferee a new certificate of purchase upon the execution by the transferee of a new certificate of purchase note for the deferred payments, and the note, executed by the holder of the certificate of purchase transferred, shall be canceled and surrendered to him." Time of Payments. Section 9. Section 8, of chapter 168, Session Laws of Oklahoma, 1911, is hereby amended to read as follows: "Section 8. The purchaser shall have the right to pay for the lands purchased under the provisions of this act in full, or any number of payments thereon at any time after the expiration of one year from the date of sale." Emergency. Section 10. For the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approvar. Approved April 2, 1915. |