Wednesday, December 10, 2025

BUILDING ON CORNER OF STATE AND MAIN TORN DOWN ~~~Taken From the Elva Guyman Collection ~~~ Comments from Lee R. Christensen ~ (from our archives)

 







This building was torn down in approximately........and was located east of where Beck's Furniture now stands or where Rodger and Jenni's is now located.
Kathy:  I do not  remember this building as the” Dutch  Mill” It was the corner candy store in my day (1929-30) and was owned by the Madsen Brothers.  I’m guessing they sold or rented it to Drug Store Johansen from across the street and his son in law Glen Williams then ran it as a candy, hamburger, and malt operation.  The Madsen brothers , from down Moroni way build a place just north for their saloon as soon a beer drinking was allowed back, about summer 1933, just as Roosevelt promised.  The building also carried a full side wall  ad for , I think,  Levi’s rumored to have been painted by an artist from Fairview.  Lee

Tuesday, December 9, 2025

DEDICATION OF THE SECOND MT. PLEASANT CITY HALL ~~~ AUGUST 23, 1939

 


Dedication of the New Mt. Pleasant City Hall
August 23, 1939
An Address  by Hilda Madsen Longsdorf
 Scanned from original manuscript, corrected, edited and formatted for this presentation
 by David R, Gunderson.
Mr. Chairman, Mr. Mayor, Ladies and Gentlemen:  
I do feel highly honored to have been asked to give this part on today’s program, and I hope I may say some things old, yet new, and. interesting to you.
The history of Mt. Pleasant and the people of the community is a very interesting study, there were many phases, conditions and problems, and it seems each administration has had its own particular problems.
Since this occasion is the dedication of the New City Hall, it was thought perhaps the stories of the city halls and the buildings of the past administrations might be a most interesting topic today.       
Mt. Pleasant was granted a charter by the Territorial Government, Feb 20th 1868. On May the 5th the following officers were chosen:
      - First Mayor:
           W. S. Seely,  and as
      - First City Council Members:    
           Jacob Christensen,
           Peter M. Peel,
           Jens Jorgensen
           N. Peter Madsen, and
           Joseph Page.
They made the following appointments:
           1.  George Farnsworth – Recorder,
           2.  Andrew Madsen – Treasurer,
           3.   Edward Cliff – Assessor,
           4.  Paul Dehlin – Road Supervisor, and
           
5.  O. Seely – Marshal.
It does not state where this administration met. Only three short items are recorded concerning this first City Council, one of these tells that Joseph Page was appointed Mayor Pro. Temp. At another, it was moved and carried that the $45.00 paid to the Indians should be taken from the treasury.                                                  
On May the 2nd 1870 Joseph Page was elected Mayor, and records state that on May the 7th , the council met in the hall, this no doubt was the Social Hall, which was the first meeting house built out side the fort.
They next met on July the 4th, at Andrew Madsen’s home, next at Anthon Lund’s   home, then at the Third Ward School, then at the Forth Ward School house, the Telegraph Office, the Second Ward School room, Joseph Page’s residence, and so on making the rounds again.
Some of the problems of the early administrations were fence lines, irrigation ditches, 
irrigation rights, obtaining clear titles to property, to license or not to license the sale of liquor, establishing stray ponds, ordinances pertaining to meat marketers, to butchering, to duties of the polices and many other ordinances needed in a new community.


From the minutes of a session held in the Second Ward school house, in 1874,
the following is copied:
“The council, then took into consideration the plausibility of building a city hall and jail, and it was moved and seconded that the council proceed to build the same, at least, as far as to finish the basement or the lower rooms this year. Paul Dehlin and Andrew Madsen were appointed, as a committee, to locate said building and decide on dimensions of same, and estimate the cost.”
The minutes of the next meeting state:
“The Dehlin and Madsen committee appointed at last meeting gave report on subject of city hall, Madsen, Dehlin and Mayor Page were appointed to see to the erection of said hall, and to locate same and as far as circumstances would allow, to engage the labor for same, at best terms for the city.”
Later at a meeting held at the Second Ward school house, it was recorded:
“The question of the city hall was again brought up, and it was decided that it would not be wise to build, or commence building of the hall at present, but to arrange to rent a place for a lockup. Bennett and Monson were appointed to rent a house and repair same sufficient to make it safe to hold prisoners, and were authorized to draw on the treasury for means necessary for same.”
Later a bill for $10.00 was presented and paid.
And thus, after eight years of shifting from place to place, disappeared their first 
dream of a city hall.
Dec. 1875, John Waldermar and  W. W. Brandon were appointed a committee to rent
and furnish a building to be used as a lockup.
From the minutes of a meeting held in the post office in 1876, the following is taken:
 "'On the subject of a room for city council meetings, Councilor A. H. Bennett reported that a room belonging to P. M. Peel, could be had at a reasonable price. The council agreed to rent the room and Bennett and Page were appointed to make terms for the same.”
The next meeting was held in the Peel room, and it was reported that arrangements
had been made for same at $ 2.00 a month. The action of the committee was
unanimously indorsed. Andrew Madsen and Peter Monson were appointed to get one dozen Chairs at the best terms possible. And this, after twelve years, was the first temporary home, the council had known, and was referred to in the minutes as the 
Mayors office.
It seems the question of the lockup was not yet satisfactorily settled,
In 1877, Andrew Madsen, as a committee of one, was appointed to select and negotiate
for some building suitable for a city lockup, Madsen later reported, he was able to
get the former building used, but that it was in need of much repair. The matter was
fully discussed, and laid over to hear, from A. H. Bennett, as to a contract to build
a good substantial lockup.
From the minutes of a meeting held Oct 24th is copied:
“The Mayor stated, the object of the meeting was to take into consideration the propriety of building a lockup, with height enough to admit a general city office above, this giving room for all city purposes and save rent and contingent expanses. After some discussion as to the finances to meet the expenses of said building, Mr. A. H. Bennett presented his specifications, in three divisions
First,          The lookup proper, finished and completed, to the    
                    expectance of the city council for. $275.00.


Second,      With additional room above, completed for $100.00 more, thus a total of $375.00.

Third,         In event of the council desiring only the lockup, to  
                    finish same thoroughly, save the contractor put on a
                    temporary roof’ at an agreed on price, less than $275.00.
Some discussion was had on the necessity of inviting proposals to build said building. The Council decided that time and necessity of the building, the known honor of the contracting party, his intimacy with the financial conditions of the city, his terms proposed of payment, and that none perhaps could be found to take the contract, and thoroughly complete the same, and that no version of building would be required, it being left to Bennett, therefore, it was unanimously resolved, to build said lockup, agreeable to the contingency that may arise as to the finances in the matter of completion, and the contract was awarded to A. H. Bennett.
A motion was made and carried that the Mayor make all arrangements, for the building and paying therefore with the contractor. On motion that the recorder prepare a contract, agreeable to the specifications submitted, which contract shall be duly signed by the contractor, with two approved signers, to the acceptance of the Mayor, and that said contract shall be on file in the recorder’s office.
The contract was duly signed and placed in recorder David Candland’s office. Mayor Page, Madsen and Bennett were appointed a committee on location of the building.
In December, the following was recorded:   
“The committee on receiving the City Hall from the hands of the contractor, reported favorable and that the speciation had on the part  of the contractor .been faithfully carried out. Upon its acceptance by the council, $250.00 was allowed Bennett in full price of the lockup, and co-operation notes were drawn up, bearing 1&½ per cent interest per month from maturity. Contractor Bennett delivered the keys to the Mayor; the Mayor delivered two keys to the Marshal. The Marshal was instructed to get ‘bedding’ and Councilor Peter Monsen to get a suitable stove. Records show the stove was purchased for $7.00.”
Thus with the erection of the jail, but with out the extra rooms, faded their dream number two of a City Hall.
The Council then decided to vacate its present quarters, where they paid Joseph Page $2.00 a month, and meet over the Post Office.
A year later, it was agreed, upon motion of Councilor Monson, to fence the city jail or lockup, with lumber twelve feet high.
The lockup referred to was a building erected of rock and had been built on the public square or North Fort (Now ‘1939’ the North Sanpete High School block), which, at that time, was surrounded by a rock wall.
Few claim they ever saw the inside of this lockup.- but many do remember a prisoner, who, in the early hours of the morning,  would sit upon the roof of the building and sing the popular songs of the day. This, however, was after the high board fence had been placed around it.
The story is told that, prior to the installation of the fence, a policeman, and by the way there were many of them, after locking up a prisoner, when turning a corner on Main Street, came face to face with the very prisoner he had just locked up.
Another story of later date is that of a prisoner who started a fire on the floor, in the center of the room. And, but for the timely arrival of Marshal, Joseph Monson, would surely have suffocated.
In 1881, a room for council meetings was secured at Bishop Seeley’s home, for $1.25 a month. Later they met up-stairs over the co-op store, in the South Brick school house, up stairs in the Wasatch: Mercantile building and perhaps in other places not named. It was a difficult matter to check their trail.
In 1888, Councilor Syndegaard called attention to the city jail, and said it was not a fit place to put a prisoners. Later Marshal Burns reported the jail had been repaired and he thought it was now a comfortable place to retain prisoners.
In 1890, during John Carter’s term as Mayor, again the subject of a city hall was discussed. The council favored erecting a water works system, instead of a hall, if the City must be bonded for either.
And thus, that city hall dream again faded away. (Number Three)
In 1895, during the time that Abram Johnson was Mayor, the record states:
“Considerable discussion was indulged in by the council, in regards to the immediate construction of a city hall, and the Mayor was authorized to procure plans etc. and it was resolved that it be the purpose of this council, to erect   a city hall, at an aggregate sum of from four to five thousand dollars, at as early a time as practicable, and that we proceed during the present year to excavate for basement and build foundation of said building. July 15th Architect Watkins presented the plans for the proposed city hall. The plans submitted were for a two story building with the jail in the basement, a council chamber, police court, vault and three offices on the first floor, one office and a public hall on the second floor. Aggregate cost to be $5,500.00.  It was discussed for some time, finally disposed of by appointing a committee to prepare an estimate of current income and expenses of the city, with the object in view to ascertain what available funds the city could command. July 19th the subject of erecting a city hall was again taken into consideration, and discussed as to weather said building should be constructed or not. A motion was made to lay the matter over indefinitely, while the motion was lost, no farther action was taken”.


And thus faded dream number four of a City Hall.
In 1896, during N. S. Nielsen’s term as mayor, at the time of the building of the
Central or Hamilton School, School Trustees, Ericksen and Jensen, representing the
School Trustees, met with the council, to confer with them, in regards to disposing of the North School house. Council took the matter under consideration
No farther mention is made of a City Hall was made until 1898, during the time
that Ferninand Ericksen was Mayor when the following discussion took place:
(By then, the City Council had been wandering about homeless for 30 years.)



North Brick School remodeled into Mt. Pleasant’s First City Hall (1898)

“School trustees Johnson and Jensen appeared for the purpose of making a proposition for the transfer of the North Brick school house to the city. It was moved and carried that it be the sense of the council that they purchase the house, providing the offer of the School trustees meets the approval of the council. Mr. Johnson stated that after through consider-ation, the school trustees had concluded to ask the sum of $2,000.00. On motion of' councilman Sorenson, a com-mittee of three were appointed, to visit the School house for the purpose of ascertaining the condition of the property. On Feb. 4th the council met in   special session, the committee reported the school. Building to be in better condition than anticipated, and recommended the purchase of the building at fifteen hundred dollars, which Mr. Johnson of the school trustees stated they had decided to accept the offer.  It was moved, and carried to purchase same and to pay the school board, $500.00 down, $500.00 in six months and $500.00, again in nine months. Notes were issued bearing interest at 5 per cent per annum from date of purchase.”
       “A motion was made to reconsider motion, motion lost.” 


The committee on improvements were instructed to take immediate action, and in due time after thoroughly remodeling the building, installing a heating plant, a vault, cells and suitable office furniture, It became an up to date, and creditable City Hall.  And dream number five, came true, when the council met in their session, in the first real home the Mt. Pleasant City council had ever known.

But, that, was forty years ago.   

                    We are here today, in honor of dream number six, and to dedicate the new Mt. Pleasant City Hall of 1939[1].                            

                                               

Mt. Pleasant’s New (1939) City Hall[1]


[1] Pictures of the “Old” and “New” City Halls are from the Book, “Mt. Pleasant” By Hilda M. Longsdorf - 1939 


Thank You




[1] City Government in 1939 – Mayor:  Justice Seely,
City Council:  J. H. Stansfield, Dr. A. L. Peterson, L. A. Phillips and William Olsen.



[1] Scanned from original manuscript, corrected, edited and formatted for this presentation by David R, Gunderson.

Monday, December 8, 2025

FEDERAL LAWS GOVERNING LAND DISTRIBUTION IN UTAH



This leaflet is designed to help researchers understand the legal processes involved in obtaining original title to land in Utah Territory. Understanding these processes will help researchers understand the meaning of land related documents and also provide ideas about where to look for them.
During the nineteenth century the federal government pursued a policy of transferring land in the public domain to private ownership as rapidly as possible. This policy was designed to encourage western expansion. Federal laws governing land distribution were already in place before Utah settlement. At settlement, Brigham Young and the territorial government established a system of land distribution, which is documented by territorial land records, but which did not comply with federal laws. For the first 22 years after settlement, land ownership was based on the Utah territorial land policies. In 1869 Congressional legislation called for the establishment of a land office in Utah and reconciliation of land titles. Additional records were generated out of that process. (See sources used in compiling this research guide.)

FEDERAL LAWS GOVERNING LAND DISTRIBUTION

All land in Utah became part of the public domain when the United States signed the Treaty of Guadalupe Hidalgo in February 1848. This land came into the possession of the United States government with a clear and undisputed title. No state contested title, and no private rights had been established previously. Therefore every original land title in Utah can be traced to a patent or other document transferring that land from the federal government. Prior to 1848, Congress had already established laws governing the transfer of land from federal to private ownership. Federal laws governed the establishment of land offices, methods of surveying, and procedures for acquiring land by purchase or preemption, and later by homestead.

LAND OFFICES

Congress provided for the establishment of land offices in various districts throughout the United States to carry out the business of transferring land from public to private ownership. Regardless of the method used to acquire land, some basic interactions with the land office created universal documents. An entry made at the land office, was a notation in the records of that office that a particular applicant intended to acquire title to specific land. Entries included necessary payment or application. After making an entry an individual was entitled to occupy the land and make use of it as he saw fit, or as required to complete the application process. Whether before or after entry every title required a survey, which is a detailed description of the property including such things as boundaries, distances of the perimeter, and descriptions of natural or man-made features on the property. When application requirements had been met or full payment received the land office issued a certificate, which was verification that all of the necessary steps had been fulfilled and that the recipient held clear and undisputed title. Certificates were redeemable at the General Land Office, which held exclusive right to issue a patentor final title to the property.
Since the federal government was responsible for the process, entries, surveys, certificates and patents are in federal custody. The National Archives holds land acquisition case files. The Bureau of Land Management holds patents. However, individuals who completed the process of acquiring land should have had their certificate or patent recorded by the county recorder in the county where the land was located. Recorded copies of these documents are among the deeds and other land records in Utah county recorders' offices [see federal certificate images].

FEDERAL SURVEYS

The federal method of surveying, as applied to Utah, originated with the Land Ordinance of 1785. This ordinance prescribed that land should be laid out according to townships and sections. According to this system, a principal meridian was laid out as a true north and south line [see national principal meridians image]. Additional north-south lines are laid out six miles apart, dividing the land into six-mile widths called ranges. These are numbered, range 1 east, 2 east, etc. and range 1 west, 2 west and so on. A base line was then laid out intersecting the principal meridian at right angles, and corresponding base lines are laid out six miles apart. These lines divide the land into six mile square blocks called townships [see township and range image]. Each township is numbered according to its position in relationship to the meridian and baseline. Each township is subsequently divided into 36 sections, each one square mile [see township sections image]. Sections are broken down into smaller pieces by halves, fourths, eighths, sixteenths, and thirty-seconds [see section divisions image]. By law, no public land could be disposed of until it had been officially surveyed.
In Utah two meridians and baselines were established, the principal being the Salt Lake Meridian with a center point at the southeast corner of Temple Square. Most land in Utah is defined by it. Parts of Duchesne, Uintah, and Wasatch Counties are defined by the Uintah Meridian with a center point north of Roosevelt, Utah.

LAND PURCHASE

By the time the federal government opened a land office in Salt Lake City in 1869, several laws were already in place to govern the process of acquiring land in the public domain. The purchase of public land was governed by an "Act Making Provision for the Sale of Public Land," enacted 24 April 1820. According to this law, surveyed land would initially be offered at a two-week public sale. The law prescribed that land be sold in quarter sections (three- miles square) as defined by an act passed in 1805, and that it be sold to the highest bidder. Land not sold at this public sale was to be subsequently offered for private sale in amounts not less than 160 acres. Originally no credit was allowed and complete payment was due on the day of purchase. Whether at private or public sale no land was to be sold for less than $1.25 per acre.

PREEMPTION

Laws for purchasing land were problematic. Many settlers did not wait for surveys to be completed so the land could become available for sale, but instead settled on any available unclaimed land. When the land was later surveyed and made available for sale, it could be purchased by anyone who had enough money to outbid the settler. Settlers could lose the land along with home and improvements. Congress addressed this issue by passing the Preemption Act in 1842. This law gave settlers first right to purchase 160 acres and allowed them up to 21 months to make payment.

HOMESTEAD

The Homestead Act, which Congress passed in 1862, evolved from preemption. This act provided free grants of public land to any person who was a citizen of the United States and over 21 years old or the head of a household. Homesteaders were allowed 160 acres. In order to obtain a patent, homesteaders were required to improve and cultivate the land and to maintain residency on it for five years. Potential homesteaders were originally required to personally appear at the land office to file an entry, prove citizenship and other qualifications, and verify that they had personally examined the land and were satisfied with its character.

UTAH TERRITORIAL LAND POLICIES

Because of conflict between Utah Territory and the federal government, the first land office was not opened in Utah until 1869. For the first 22 years after settlement the national land system did not extend to Utah Territory, but the Utah Territorial Assembly governed land ownership in Utah. The territorial government established methods of surveying and acquiring title. These practices and the documents they created were recognized in Utah Territory, but did not provide Utah settlers with federally recognized legal title to land. The territorial government also establishedcounty recorders as keepers of land records, and in 1888 the Territorial Assembly defined certain indexes and finding aids which county recorders were thereafter required to keep.

TERRITORIAL SURVEYS

Brigham Young intended to populate the territory as rapidly as possible, and from the start declared that "no man should buy land…but every man should have his land measured off to him for city and farming purposes, what he could till." In 1847 he had a survey made of Great Salt Lake City. Plats selected for urban purposes were divided into ten-acre blocks, each containing eight lots of 1 1/4 acres. Each settler received his lot by lottery for $1.50, which was to cover the cost of surveying and recording. Settlers received separate portions outside the city for agricultural purposes. All disputes were resolved by an appeal to ecclesiastical authority. In 1850 Governor Young approved "An Ordinance Creating the Surveyor General's Office." This ordinance created the office of surveyor general and established methods of surveying. It ordered that all surveys in the territory should be made to correspond with the original survey of Great Salt Lake City [see Salt Lake survey image andblocks and lots image]. The following year the first Legislative Assembly passed "An Act to Regulate Surveyors and Surveying." This law required surveyors to provide a certificate to each person for whom a survey was made. These certificates were considered title of possession [see sample land certificates]. The law also required each county surveyor to submit true copies of the diagrams of his surveys to the surveyor general and to the county recorder.

ACQUIRING TITLE

The First Legislative Assembly further refined methods of acquiring title in "An Act Regulating Transfers of Possession of Land and Real Estate, 1851." This act provided for the sale or transfer of property with a quitclaim deed to be recorded by the county recorder [see sample transfer]. "An Act in Relation to County Recorders, and the Acknowledgment of Instruments of Writing, 1855" stated that county recorders could not record land to any person, either by transfer or application, until a certificate of survey had been produced. Certificates were to be countersigned by county selectmen. Further, this act required any person having land surveyed to enclose [fence] it within two years. Subsequent legislation required survey certificates to be signed by a county selectman and recorded by the county recorder within 30 days of issue in order to validate title. Microfilm copies of some land or surveyor's certificates have been transferred to the Utah State Archives, but few of them have been archivally arranged and described. Processed holdings include:
  • Washington County recorder. Land certificates, 1856-1891 (Series 23279).

COUNTY RECORDERS

Brigham Young established a method for recording land records in "An Ordinance in Relation to County Recorders," approved 1 March 1850. A county recorder in each county was commissioned to record "all transfers or conveyances of land or tenements, and all other instruments of writing and documents suitable, necessary and proper" to such conveyances. In short, the recorder was to keep a record of every action or transaction that involved real property. Documents were to be recorded in "good and well bound books, suitable for the purpose." The books were to be indexed in alphabetical order and were to be free to examination.
The earliest Utah deeds were typically called transfers. The earliest county recorders' books contain copies of surveyors' certificates and transfers. As time passed, recorders added various types of deeds, patents, mining claims, etc., to create an ever-increasing variety of official land records. Since the law required only that these be recorded in well bound books, record types were combined or separated at the recorders' discretion. Early county recorders' books were separately indexed.

INDEXES AND FINDING AIDS

In 1888 the Territorial Assembly revised the laws governing county recorders. The new law required that separate books be kept for recording different classes of instruments. It also required county recorders to keep several indexes or finding aids. The most important of these are entry books, abstracts, and grantee and grantor indexes. The new law required every county recorder to keep an entry book in which he should, immediately upon receipt of an instrument to be recorded, enter the names of the parties involved, the date and time, and a brief description. Each instrument was assigned a corresponding entry number. County recorders' entry books enable retrieval of documents based on entry number or filing date.
The new law also required each county recorder to keep a grantee index and agrantor index. In the grantor index, the recorder was to alphabetically list the names of grantors (sellers) and for each record, enter the date of the instrument, the date of filing, the kind of instrument, and the book and page where the document was recorded. Grantee indexes are identical to grantor indexes except that they reference the grantee (buyer). Grantee and grantor indexes enable retrieval of documents based on the names of parties involved in a transaction.
The new law required each county recorder to keep an abstract which would show a true chain of title to each tract and the encumbrances thereon. For each tract the abstract lists every conveyance or encumbrance, the date recorded, the type of instrument, and identifies the book and page where the document is recorded. In cases where abstract books had not been kept prior to the enactment of this law, the law required the county court to procure books and make an abstract for each tract showing a connected chain of title and encumbrance up to the time of the taking effect of this act. Abstracts should have been created or reconstructed for every tract of land in Utah. They provide access to documents based on location.
The law required county recorders to keep an index to maps and plats recorded for the county surveyor [see sample survey map].
Records in Utah county recorders' offices are public records and all persons interested in titles have free access to records during business hours. Microfilm copies of many of these records have been transferred to the Utah State Archives, but few of them have been archivally arranged and described.

ESTABLISHMENT OF A LAND OFFICE IN UTAH AND RECONCILIATION

Reconciliation between the territorial and federal land distribution systems required Congressional legislation to establish a land office in Salt Lake City, integrate Utah Territory into the national land system, and provide relief to the inhabitants of cities and towns on the public domain. Subsequent legislation provided the additional opportunity to acquire land through the Desert Lands Act.

SALT LAKE CITY LAND OFFICE

In 1855 Congress directed the President of the United States to appoint a surveyor general for Utah Territory, and to cause that the lands of that territory should be surveyed preparatory to bringing them on the market. Certain sections were to be reserved for the benefit of schools and a university in the territory.  The surveyor general arrived in Utah in July of the same year to begin surveying. He established the initial point for his survey (base line and meridian) at the southeast corner of the Temple Block, and from there extended that survey over 2 million acres. Because of numerous conflicts between the surveyor and the territorial government the first surveyor general abandoned his post in 1857. His successors recommended that no additional land be surveyed. Conflict between the federal and territorial governments kept the issue on hold until 1868, and in the meantime, large sections of the territory were transferred to neighboring territories and states. Again in 1868, Congress directed the President to appoint a surveyor general in the Utah Territory, to establish a land office in Salt Lake City, and to extend the federal land laws over the same. The land office opened 9 March 1869. From that point settlers began the process of securing federally acknowledged legal title to their lands.

INTEGRATION INTO NATIONAL LAND SYSTEM

When the federal government opened a land office in Salt Lake City, it provided integration into the national land system by extending the rights of preemption, homestead, and purchase to Utah inhabitants. Settlers were subsequently able to make entry for homesteads or purchase federal land. Much land was already settled and claimed in amounts smaller than the 160-acre minimum the federal government wished to impose. To accommodate the law, many settlers purchased or entered preemption or homestead claims and then divided the land among those already settled thereon.

DESERT LANDS ACT

Subsequent to the establishment of the Salt Lake City land office, Congress passed additional legislation designed to expedite private ownership in the public domain. The Desert Lands Act, passed 3 March 1877, is of particular significance in Utah because it applied to all arid land in the public domain. This law provided for the purchase of up to 640 acres of desert land by an applicant who could bring it under cultivation. The law required that the applicant be a U.S. citizen and that he be at least 21. Upon entering his claim, the applicant was required to identify the land, explain exactly how he intended to bring it under cultivation, and make a down payment of 25 cents an acre. The claimant had three years to prove that he had brought the land under cultivation and to make final payment of $1 per acre.

RELIEF FOR THE INHABITANTS OF CITIES AND TOWNS

Prior to opening the land office, Congress addressed the issue of providing legal title to the owners of town lots in already surveyed towns. In March 1867 Congress passed an "Act for the relief for the inhabitants of cities and towns on the public domain." This act provided that a mayor (for incorporated towns) or the county probate judge (for unincorporated towns) should enter town site lands at the land office and purchase them for the benefit of all inhabitants. Congress further specified that the territorial legislature should prescribe rules by which these lots would be disposed to individuals. Pursuant to this law, the Utah Territorial Legislature established regulations for disposing of town site lands. Within 30 days after making the entry, the judge or mayor was to give public notice and advertise the land he had entered. Every person, association, or corporation claiming to be a rightful owner of any part of this land was required within six months to present a claim to the probate court. In case of adverse claims the probate judge was required to "decide according to justice in the case," and when claims were undisputed, to determine the validity of the claim. The probate judge or mayor was then required to issue a certificate authorizing a deed to be recorded [see sample probate testimony].
Since Utah county probate courts were responsible for adjudicating and authorizing federally recognized title to previously distributed town lots, the records relating to those judgments are among the records kept by county probate courts. Land adjudication records may appear in the body of probate court minutes or they may have been kept in separate volumes designated for that purpose. They may simply be land certificates authorized by the court. Processed series in Utah State Archives containing probate court authorization of town site titles include:
  • Beaver County (Utah). Probate Court. Record books, 1870-1885 (Series 14893).
  • Brigham City (Utah). City Recorder. Town site deeds, 1870-1877 (Series 85246).
  • Iron County (Utah). Probate Court. Land certificates (Parowan), 1872-1879 (Series 23642).
  • Washington County (Utah). Probate Court. Civil and criminal record books, 1856-1886 (Series 3168).
  • Washington County (Utah). Probate Court. Land claims adjudication record books, 1873-1886 (Series 22875).
  • Washington County (Utah). Probate Court. Claims abstracts, 1871-1882 (Series 23578).

SOURCES:

"An Act Declaring Certain Things to be Property, Specifying the Owner Thereof. . ." (January 20, 1860). Acts, Resolutions and Memorials passed by the Legislative Assembly of the Territory of Utah during the 9th Annual Session. Great Salt Lake City: John S. Davis, 1860.
"An Act for the Relief of the Inhabitants of Cities and Towns upon the Public Lands" (March 2, 1867). The Statutes at Large, Treaties, and Proclamations, of the United States of America, vol XIV. Boston: Little, Brown, and Company, 1868.
"An Act Making Further Provision for the Sale of Public Lands" (April 24, 1820). The Public Statutes at Large of the United States of America, vol. III. Boston: Charles C. Little and James Brown, 1846.
"An Act Regulating Transfers of Possession of Land and Real Estate," (1851). Acts, Resolutions and Memorials Passed by the First Annual and Special Sessions of the Legislative Assembly of the Territory of Utah, Great Salt Lake City: Brigham Young, 1852.
"An Act to Create the Office of Surveyor-General in the Territory of Utah, and Establish a Land Office in said Territory, and extend the Homestead and Pre-emption Laws over the same" (July 16, 1868). The Statutes at Large, Treaties, and Proclamations of the United States of America, vol. XV. Boston: Charles C. Little and James Brown, 1869.
"An Act to Enable the People of Utah to form a Constitution and State Government, and to be admitted into the Union on Equal Footing with the Original States" (July 16, 1894). The Statutes at Large of the United States of America. Washington: Government Printing Office., 1895.
"An Act to Establish the Office of Surveyor-General in the Territory of Utah, and to grant Land for School and University Purposes" (February 21, 1855). The Statutes at Large and Treaties of the United States of America, vol. X. Boston: Charles C. Little and James Brown, 1856.
"An Act to Regulate Surveyors and Surveying," (1851). Acts Resolutions and Memorials Passed by the First Annual and Special Sessions of the Legislative Assembly of the Territory of Utah, Great Salt Lake City: Brigham Young. 1852.
Andrews, Richard N.L. Land in America. Lexington, Massachusetts: Lexington Books, 1979.
Circular from the General Land Office showing the Manner of Proceeding to Obtain Title to Public Lands under the Homestead, Desert Land and Other Laws, issued July 11, 1899.
Compiled Laws of Utah, 1876. Title 4, Chapter 4.
Compiled Laws of Utah, 1888. Chapter 5, Article 6.
Fitzpatrick, J.S. ed. "Land Ordinance of 1785", 20 May 1785. Journals of the Continental Congress, Vol. XXVIII, p. 375.
Hone, E. Wade. Land and Property Research in the United States. Salt Lake City, Utah: Ancestry Incorporated, 1997.
Laws and Ordinances of the State of Deseret (Utah). Compilation 1851. (Salt Lake City: Shepard Book Company, 1919)
Lee, Lawrence B. "Homesteading in Zion," Utah Historical Quarterly (Jan 1960), Vol. 29, no. 1, p. 29-38.
Larson, Gustive O. "Land Contest in Early Utah," Utah Historical Quarterly (Oct 1961), vol 29, no 4, p. 309-325.
Linford, Lawrence I. "Establishing and Maintaining Land Ownership in Utah Prior to 1869." Utah Historical Quarterly (Spring 1974), Vol. 42, no. 2, p. 126-143.
Mall, Loren L. Public Land and Mining Law, text and cases. Seattle, Wash: Butterworth (Legal Publishers), c1981.
Pisani, Donald J. Water, Land, and Law in the West; Limits of Public Policy, 1850-1920. Lawrence: University Press of Kansas, c1996.
Rollins, George W. "Land Policies of the United States as Applied to Utah in 1910,"Utah Historical Quarterly (1952), Vol. 20, no. 3, p. 239-251.
Washington County (Utah). County recorder, Deeds (Saint George), 1874-1954, Book T (Utah State Archives series 23286).
Washington County (Utah). County recorder, Land certificates, 1856-1891, Book A (Utah State Archives series 23279).
Washington County (Utah). County recorder, Official and subdivision maps, 1862-1973, (Utah State Archives series 23691).