Chapter 1 - § 1.5 • TOWNSITES

• Jurisdiction: Colorado

§ 1.5 • TOWNSITES

§ 1.5.1—Townsite Act of 1844²³¹

At an early period in the history of the United States, it became the fixed policy of the government to aid in the settlement of the public domain. To this end, at various times laws were passed by which settlers upon such lands might, upon showing compliance with certain prescribed rules, and for a small consideration, acquire the legal title to 160 acres. These laws and rules, however, were only for the benefit of such persons as settled upon the public domain for agricultural purposes. Over time, settlements of widely different character were made. In eligible places, large numbers of persons congregated, and towns and cities were built up. This kind of settlement was outside of the contemplation of the preemption laws, as they then existed, and it soon became a serious question how the title to this land so occupied should be secured. To meet this question, Congress enacted the Townsite Act of 1844,²³² which provided:

That whenever any portion of the surveyed public lands has been or shall be settled upon and occupied as a town site, and therefore not subject to entry under the existing pre-emption laws, it shall be lawful, in case such town or place shall be incorporated, for the corporate authorities thereof, and, if not incorporated, for the judges of the county court for the county in which such town may be situated, to enter, at the proper land office, and at the minimum price, the land so settled and occupied, in trust, for the several use and benefit of the occupants thereof, according to their respective interests; the execution of which trust, as to the disposal of the lots in such town, and the proceeds of the sales thereof, to be conducted under such rules and regulations as may be prescribed by the legislative authority of the State or Territory in which the same is situated: Provided also, That the entry of the land intended by this act be made prior to the commencement of the public sale of the body of land in which it is included, and that the entry shall include only such land as is actually occupied by the town, and be made in conformity to the legal subdivisions of the public lands authorized by the act of twenty-fourth April, one thousand eight hundred and twenty, and shall not in the whole exceed three hundred and twenty acres; And provided, That any act of said trustees, not made in conformity to the rules and regulations herein alluded to, shall be void and of none effect. . . .

Under the terms and provisions of this law, the lands embraced in many townsites that had been theretofore settled, and of many towns subsequently settled and occupied, were conveyed to the proper occupants thereof. In 1859, a large number of persons associated together, under the name of the Denver Town Company, and took possession of a portion of the public domain subsequently known as the City of Denver, which they surveyed and laid off into streets, alleys, blocks, and lots, and which they commenced to improve as a town, by the erection of dwelling-houses, stores, and offices. (Neither the federal nor the Territorial statutes recognized any claim of title in the Denver Town Company.²³³ ) When the lands on which this city was built were surveyed, and the lots and buildings acquired value, the owners became anxious for a title. The Townsite Act of 1844 limited the entry for town purposes to 320 acres, and the city of Denver covered more than 1,000, so that there was no law by which a proper title to this land could be made to the men who were the occupants of the city, and the owners of the improvements thereon. To remedy this difficulty, Congress was applied to, and in response to this application passed the Act of May 28, 1864,²³⁴ section 1 of which provided:

That the provisions of an act of congress entitled "An act for the relief of the citizens of towns upon the land of the United States, under certain circumstances," approved May twenty-third, eighteen hundred and forty-four, be so extended as to authorize the probate judge of Arapahoe county, in the territory of Colorado, to enter, at the minimum price, in trust for the several use and benefit of the rightful occupants of said land and the bona fide owners of the improvements thereon, according to their respective interests, the following legal subdivisions of land, or such portions thereof as are settled and actually occupied for town purposes by the town of Denver aforesaid, to wit: Section number thirty-three, and the west half of section number thirty-four in township number three south of range number sixty-eight west of the sixth principal meridian. . . .

Section 2 of the Act provided:

That in all respects, except as herein modified, the execution of the foregoing provisions shall be controlled by the provisions of said act of twenty-third May, eighteen hundred and forty-four, and the rules and regulations of the commissioner of the general land-office.

In advance of the Act of 1864 mentioned above, the Territorial Legislature had prescribed rules and regulations for the administration of the trust.²³⁵

In 1872, the trust relating to the City of Denver remained unexecuted in respect to many parcels of land, and by an act of the legislature²³⁶ provision was made for the sale of all town lots or the parcels of land which had not been sold.²³⁷

§ 1.5.2—Townsite Act of 1867

The Townsite Act of 1867²³⁸ provided:

That whenever any portion of the public lands of the United States have been or shall be settled upon and occupied as a town site, and therefore not subject to entry under the agricultural pre-emption laws, it shall be lawful, in case such town shall be incorporated, for the corporate authorities thereof, and if not incorporated, for the judge of the county court for the county in which such town may be situated, to enter at the proper land office, and at the minimum price, the

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