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1975 IBIA 18 IBLA 286 (1975)

handle is hein.amindian/ibla1975 and id is 1 raw text is: PRINCE A. RYAN, JR.

IBLA 75-140                   Decided January 2, 1975
Appeal from decision rejecting homesite purchase application AA 272.
Affirmed.
1.   Alaska: Homesites
Under the Homesite Act of May 26, 1934, 48 Stat. 809, 43 U.S.C. § 687a (1970),
an applicant must occupy land in a habitable house not less than five months each
year for three years. Even if a two-year credit is allowed for military service
there must be five months of occupancy for one year. Totalling lesser periods of
occupancy over a number of entry years is not sufficient to meet the requirement.
2.    Alaska: Homesites
An applicant's statement that he resided on a homesite claim only on weekends for
a substantial portion of a five-month period does not constitute the five-months
occupancy required for a homesite under the Act  of May 26, 1934, and an
application which shows on its face that the requirements have not been met is
properly rejected.
APPEARANCES: Prince A. Ryan, Jr., pro se.
OPINION BY ADMINISTRATIVE JUDGE THOMPSON
Appellant, while serving in the military at the Elmendorf Air Force Base, filed notice of
location AA 272 on September 16, 1966, for a hunting and fishing headquarters. On September 13,
197 1, he applied to purchase the tract as a trade and manufacturing site. When advised that the patent
requirements for trade and manufacturing

18 IBLA 286

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