Preemption

Acts granting short term "preemptive" rights were passed in 1830 and 1834.

In 1840, Thomas Hart Benton introduced the "Log Cabin Bill" which provided for permanent pre-emption where any adult male could pre-empt a quarter section of the public domain by building a cabin and making certain improvements, then buying the land at the minimum price when it went on sale. The Bill passed the senate, but was introduced too late for the House. A Distribution-Pre-emption Law was passed in 1841 balancing Southern, Northern and Western interests with the provision that it would not go into effect as long as import duties were above 20%.

In applying the doctrine of "relation back," the patent has been regarded as relating back to the date of entry onto the land, (S.D. - Broadhurst v. American Colloid Co., 177 N.W.2d 261, 85 S.D. 65; Utah - Washington Rock Co. v. Young, 80 P. 382, 29 Utah 108, 110 Am.S.R. 666,) to the date of purchase, (Mich. - Fisher v. Hallock, 15 N.W. 552, 50 Mich. 461,) to the date of filing of an application by the assignee of a soldier's additional homestead certificate, (Minn - Gilbert v. McDonald, 102 N.W. 712, 94 Minn. 289, 110 Am.S.R. 368,) to the date of certificate of location, (Iowa- Klein v. Argenbright, 26 Iowa 493,) and to the inception of the equitable (possessory) right upon which title is based, (Wyo. - Walliker v. Escott, 608 P.2d 1272.)