facts about the homestead acts

7/26/2019 Facts About the Homestead Acts

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Facts About the Homestead Act of 1862

The Homestead Act provided opportunities to settlers in the West.The Homestead Act was signed into law by President Abraham Lincoln on May 20, 1862.It transferred 160 acres of unsettled land to settlers after a five-year periodand payment of $18.

Time Frame

The Homestead Act remained in effect from 1863 to 1976 with special homesteading provisions for Alaska until 1986. The act is responsible for the claim andsettlement of 270 million acres of land.

Homestead Requirements

Homesteaders were required to be 21 years old and head of the household. They had to live on the land, build a 12-by-14-foot home, grow crops and make improvements for five years before the land was titled to them. Citizens included single women who were head of household and freed slaves. Immigrants who had neverborne arms against the United States or given aid to enemies of the United States could also claim land in the act.

Filing Fee

Once homesteaders submitted their intentions to the local land office, a search for previous ownership claims was conducted. The homesteader then paid $10 to temporarily claim the land, a $2 commission and a final $6 fee after all requirements were met.

The Taylor Grazing Act of 1934

President Franklin D. Roosevelt signed the Taylor Grazing Act to regulate public grazing land. The act provided 80 million acres of land for grazing. This act decreased the amount of land available to homesteaders, and as a result homestead claims dropped dramatically.

Disadvantages and Advantages

Acquiring the free land came with a price. Settling land was expensive. Weather brought dry winds that blew away topsoil, crops were destroyed by fires andinsects, and some settlers died as a result of harsh winters. The Homestead Actprovided economic opportunity to freed slaves, single women and immigrants. It also hastened land development in the West. Successful settlers built schools, communities and new states. As transportation improved, access to hard-to-get goods increased, as did the number of settlers who migrated West.

References

The National Archives: Teaching with DocumentsThe Homestead Act of 1862 National Park Service: U.S. Department of the InteriorAbout the Homestead Act National Park Service: The Museum GazetteThe Homestead Act of 1862

Resources

PBS: The Homestead Act



Provisions of the Homestead Act

The Homestead Act of 1862 offered unimproved government land in various territories to settlers who were willing to farm and improve their grants. Originally, the bill was passed by Congress and the Senate in 1859; however, then President Buchanan vetoed the law on the basis of political grounds. After the succession of 11 southern states, thereby causing the Civil War, Abraham Lincoln signed thebill into law.

Eligibility

Essentially anyone who had never carried arms against the United States of America could apply for a land grant. The process to do so was based on three steps: apply formally by completing a grant affidavit, occupy the land and begin improving the grant acreage, continue to work the grant for five years then petition for a final grant of deed.

Rights Granted

Once a grant was approved, the following rights passed to the petitioner. The individual could physically move to the assigned plot and register a grant affidavit at the local land office. The cost to the individual was $10 and was to be paid in Federal script, or "hard money."

Amount of Land

The size of the acreage was one quarter section. In the day, this encompassed 160 acres at a price of $1.25 per acre or, in more desirable locations, 80 acres at a price of $2.25 per acre. The latter purchase agreement engendered one of many anecdotal selling offers to come out of the Civil War, when "80 acres anda mule" became one of earliest "good deals" in history.

Land Can Not Be Sold

During the period between the initial land grant and final issuance of the certificate of patient, granted land could not be seized or encumbered by any thi

rd-party on the basis of a personal or commercial debt.

Five Year Requirement

If the petitioner had concurrently operated and cultivated the land throughout the provisional five year grant period, he could file for what was then referred to as a "certificate of patient"; in effect a final deed. The process required an additional affidavit attesting to all of the codicils of the initial grant, and the document had to be witnessed and signed by two impartial parties, plus the payment of an additional fee.

References

Homestead Act of 1862 Our Documents: Transcript of Homestead Act (1862) The Homestead Act of 1862

Resources

The Avalon Project : Homestead Act; May 20, 1862



Problems With the Homestead Act

President Lincoln signed the Homestead Act into law.President Abraham Lincoln signed the Homestead Act into law in 1862. The Homestead Act offered people a way of acquiring land without the needed capital. Underthe Homestead Act, any U.S. citizen or intended U.S. citizen could settle land as long as he had never taken up arms against the U.S. government. Under the terms of the law, people could settle a plot of land of 160 acres. They had 5 yearsin which to improve the quality of the land; after that, ownership was transferred if the settlers met the improvement criteria.

Migration

One of the problems with the Homestead Act was the fear of migration west. Both the northern and southern states had problems with previous homesteading attempts. At the time of the Homestead Act, 11 states had left the union. Southernpoliticians feared the law would create several new states, made up of farmers who would be opposed to slavery. The urban centers in the northern states fearedthat the law would take a vital source of cheap labor away from the factories.

Farming

The Homestead Act gave a parcel of free land to anyone willing to settle itand use it for agricultural purposes. However, in many regions of the West, 160acres was not sufficient to create a sustainable farm. Although the land was free, money and experience were still needed to make the farm a success. Accordingto Nebraska Studies, only about 52 percent of all homestead farms actually followed through and claimed the deed of ownership after the 5-year period.

Land Speculation

Because anyone could claim land under the Homestead Act, land speculators were a problem. Many land speculators claimed land with no intention of living onit. Some laid their claim and held onto it, to sell for a profit at a later date

.

Harsh Living Conditions

Farming on the western plains was much more difficult than farming in the East. The plains brought high winds, cold and plagues of insects. The lack of trees and timber meant many farmers had to build homes out of sod. Fuels were limited, meaning that simple activities such as cooking and washing became very difficult. Many homestead farmers failed in their efforts, due to the harsh conditions on the plains.

References

The National Archives: The Homestead Act of 1862 Nebraska Studies: Did the Homestead Act Succeed?

Federal Homestead Act



In the early days of the Civil War, Abraham Lincoln created the first formal farm and settlement grant in history by signing the Homestead Act of 1862. The lawwas a political response, aimed against various southern states who had previously, and continually, blocked legislation that would create new land-ownership opportunities for small farmers.

The Initial Bill

The first iteration of the Bill passed the House of Representatives; however, it was defeated by one vote in the Senate in 1858. The following year, the Bill passed both the House and the Senate, but President Buchanan vetoed it. At the time, the veto rationale was based on southern concerns about a possible westward population migration. Should a boom occur, new political power could be centralized from inside the "free states," and subsequently damage southern economicinterests.

The Grant Opportunity

With the attack at Ft.Sumter, and the consequent opening of the war betweenthe states, the federal government's ability to offer land to settlers became areality. Any claimant who had never borne arms against the government of the United States was eligible. Acquiring a grant was a three-step, five-year process.First, the candidate had to complete requisite forms to formally claim the grant. Second, he had to travel to the land grant and immediately begin to improve th

e property. The size of the plot was based on 160 acres, and he had to improve this acreage by building a minimum 12-by-14 living structure, along with planting and producing various sustenance crops. Third, the claimant had to file for a final deed of title after five years, then ensure that the document was properlyrecorded in the region where the grant was located.

Between 1863 and 1976

In January of 1863, Daniel Freeman and 417 other claimants applied for the first group of grants. Between then and 1976, the initial Homestead Act producedover 1.6 million active free-land grants in the Western territories, covering atotal land-mass of nearly 270 million acres (nearly 10 percent of the availableland.) In 1976, the original Bill was repealed and was replaced by the Federal L

and Policy and Management Act, although the state of Alaska was granted an additional 10 year homestead extension, in order to spur population and economic growth in the northwestern-most state. The last claimant received his grant deed in1988.

Federal Land Policy Management Act (FLPMA)

This law was precursor legislation that paved for what is now referred to as the Bureau of Land Management ( BLM) The rationale was politically motivated (just as the original Homestead Act) and was established on a premise that the federal government could better manage dwindling natural resources. Unfortunately,this approach has not lent itself to effective preservation so much as bureaucratic control of resources that might be better handled by private ownership.

Homesteading Today

Several states offer homestead opportunities today including; Alaska, California, Oregon and Texas. Of these, the most effective is the state of Texas. Those who reside and own property in the state can file a homestead claim that protects ownership against forced foreclosure by a third-party debt-holder. In this case, the only legitimate claimants are the property's mortgage-holder ,and official taxing authorities. In other states, without homestead rights, a legal judgment based on something as simple as a mechanic's lien, can force an owner's home



foreclosure to satisfy a debt.

References

Homestead National Monument of America The Homestead Act of 1862

Resources

Creating Prosperity In America

How to Create a Homestead

In pioneering times, creating a homestead was a legal process. A live-off-the-land lifestyle is practiced, to varying degrees, by todays homesteaders. Instead of squatting on a section of property and staking a claim to the site by farming,hunting and fishing it, homesteaders must buy or rent their land before workingit. They always risk losing it to mortgage, tax or assessment default. Longtime

homesteader Sue Robishaw notes that living simply, growing and preserving food,animal husbandry, resource conservation and other homesteader practices combineto create todays rural homestead.

Your Site and Property

Acquire property with some sunny, fertile soil and access to a dependable water supply. Many homesteads are created while still connected to the electric grid, and later leave the grid through alternative energy installations.

Arrive at your homestead with the tools you need to accomplish what must bedone. If you must build your own shelter, youll need either a contractor or your

own builders tools and equipment. For gardening, youll need a hoe, rake, wateringcan and fence materials.

Verify that your local government permits such typical homesteading activities as raising chickens, goats and pigs. Obtain whatever licenses and permits you need to conduct your homesteading operations. These include building permits and hunting, fishing and trapping licenses.

Design your home or shelter with simplicity and utility in mind. Insulate it well both to retain coolness in the hot months and to discourage cold seepage during winter. A wood-burning cook stove can do triple duty as a stovetop/oven, a home heater and a hot-water heater.

Establish priority homesteading projects according to urgency. Animal housing, fencing and well-digging are typically top priority items when creating a homestead, as are planting a garden and sowing winter feed for poultry and goats or other livestock. Establish systems for water, food and shelter, in that order.

Collect fresh water daily for storage until you have a six-month supply ample for all household activities. Keep water purification tablets on hand in caseof emergency. Add a hand pump to your well.

Store enough canned and home-preserved foods to feed your family for a year



without replenishing. Grow and dry your own spices and herbs, such as garlic, sage, mint, thyme, onions, rosemary, dill and cilantro.

Forage wild leaves and berries to dry for teas. Grow a stevia plant as a sugar substitute. Freeze extra eggs during the summer to ensure you have an ample supply during the less productive cold-weather months.

Insulate your shelter during cold months with straw bales stacked around the foundation. Cover inside windows with clear plastic to catch window frame leaks. Keep a tea kettle steaming on the wood-stove to add warming moisture to the air.

Your Food, Water and Clothing

Keep several months worth of nonperishable items on hand as you create your homestead. Eat nutritious, easy-to-fix and easy-to-clean-up meals rather than spending your time, energy and cash on eating out or preparing elaborate meals at home.

Keep an ample supply of cast iron cookware, which will last for decades with proper care. Pare down your belongings, including your clothing, to just what you need. Sell, barter or give away what you do not need.

Set up a compost heap near your garden to provide a free source of nutrients

and fertilizer for your growing plants. To build your compost heap, collect and mound grass clippings, leaves, vegetable skins, non-citrus fruit peels, chicken litter, egg shells, coffee grounds, tea leaves, hair, fingernails and non-fat leftovers. Water when dry and turn frequently with a pitchfork until decomposition turns the heap to rich dirt.

Allow your chickens to free-range outside of your garden fence. Build a chicken wire fence stapled to wood posts with sturdy horizontal top and bottom boards to deter curious animals.

Eat out of your garden as much as possible. Set aside time to dry and can in-season foods. An outdoor fire pit will help keep your cooking and canning heatoutdoors during the warmest months of the year.

Keep bees if you want honey and beeswax for candles. To make a candle, rollout the soft beeswax, add a wick the length of the roll, then cover the wick byrolling the candle into a taper shape. Hang to dry.

Make your own breads, soups and dried fruit snacks. To make bread, add 2 cups of hot water to 1/2 cup sugar and 2 tablespoons of yeast to begin making bread. After the yeast froths, mix in 1/4 cup of oil and 2 teaspoons of salt. Add 6 cups of flour, one cup at a time.

Knead the dough on a floured board until it's soft and nearly dry. Let it rise until twice its size in a warm, draft-free spot. Punch down and allow to rise again. Separate the bread dough into two equal portions and place into two grea

sed loaf pans. Bake in a wood-burning stove for about an hour, turning after 30minutes. Bake in a preheated 350 degrees electric stove for 35 minutes.

Make your own baking mix for muffins, pancakes and waffles by mixing 9 cupsof flour, 1/3 cup baking powder,1 tablespoon salt, 2 teaspoons cream of tartar,4 tablespoons granulated sugar and 2 1/2 cups nonfat dry milk solids. Cut in 2 cups of shortening with a spatula until mixture is crumbly. Store in a covered container at room temperature.

Your First Homestead Winter



their interests in the home. The homestead exemptions are used to prevent the forced sale of a home to meet creditor and property tax obligations.

California

California currently offers a homestead exemption for the first $7,000 of residential homestead from incurred property taxes. Homeowners must complete a Homestead Declaration in order to protect home equity. California law protects against the loss of home equity through judgments obtained by creditors.

Georgia

Qualifying homeowners are able to obtain a homestead exemption in the stateof Georgia. In select counties, the homestead exemption amount has been increased above the state's limits. If the home is occupied as the primary residence, the owner may be eligible for a $2,000 state exemption. In this case, the $2,000 exemption is deducted from the assessed value of the residence. Homestead exemptions prevent the forced sale of a home to meet creditor demands Homestead exemptions prevent the forced sale of a home to meet creditor demands

Oklahoma

The state of Oklahoma will allow a $1,000 deduction of the assessed value of the home. The homestead exemption must be filed with the local county clerk. Oklahoma's exemption can amount to savings of $75 to $125 per year. In order to qualify for a homestead exemption in Oklahoma, you must have purchased the home on or before January 1st of the year in which you are applying for the exemption.

Florida

The state of Florida allows a $25,000 homestead exemption for the property value assessed in the property tax. If there is an increase in tax assessment, the increase must not exceed 3 percent of the assessed value from the prior year.Individuals who qualify for the homestead exemption may also qualify to receivean additional homestead exemption of $25,000 without further application.

Homeowners must file a claim for homestead exemption with their state. Homeowners must file a claim for homestead exemption with their state.

References

The Free Dicitonary: Homestead Legal Definition J Rank Law: Homestead Laws Homestead Laws: Homestead Laws by State

Resources

Utopia Springs: Homestead