Land rights of servicemembers

  1. Law
  2. USC 50
  3. War And National Defense
  4. SERVICEMEMBERS CIVIL RELIEF
  5. TAXES AND PUBLIC LANDS
  6. Land rights of servicemembers

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§3998. Land rights of servicemembers

(a) No age limitations

Any servicemember under the age of 21 in military service shall be entitled to the same rights under the laws relating to lands owned or controlled by the United States, including mining and mineral leasing laws, as those servicemembers who are 21 years of age.

(b) Residency requirement

Any requirement related to the establishment of a residence within a limited time shall be suspended as to entry by a servicemember in military service or the spouse of such servicemember until 180 days after termination of or release from military service.

(c) Entry applications

Applications for entry may be verified before a person authorized to administer oaths under section 1044a of title 10 or under the laws of the State where the land is situated.

(Oct. 17, 1940, ch. 888, title V, §508, as added Pub. L. 108–189, §1, Dec. 19, 2003, 117 Stat. 2857 ; amended Pub. L. 111–97, §4(a), Nov. 11, 2009, 123 Stat. 3008 .)

Codification

Section was formerly classified to section 568 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

Prior Provisions

A prior section 508 of act Oct. 17, 1940, ch. 888, art. V, 54 Stat. 1189 , related to irrigation rights and suspension of residence requirements, prior to the general amendment of this Act by Pub. L. 108–189.

Amendments

2009-Subsec. (b). Pub. L. 111–97 inserted "or the spouse of such servicemember" after "a servicemember in military service".

Effective Date of 2009 Amendment

Pub. L. 111–97, §4(b), Nov. 11, 2009, 123 Stat. 3008 , provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to servicemembers in military service (as defined in section 101 of such Act (50 U.S.C. App. 511) [now 50 U.S.C. 3911]) on or after the date of the enactment of this Act [Nov. 11, 2009]."

Effective Date

Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.


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