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1974 Interior Dec. (IBLA) 131 (1974)

handle is hein.amindian/ibla1974 and id is 1 raw text is: JAMES L. AND GORDON L. THOMPSON

IBLA 72-482                                    Decided January 7, 1974
Appeal from an Idaho State Office decision rejecting appellants' preference right bid for land
offered for sale under public sale 1-3589.
Affirmed.
Public Sales: Preference Rights
Under 43 U.S.C. § 1171 (1970), and 43 CFR 2711.4(b)(2), a
preference right applicant's bid to purchase is properly rejected when
the date on the certificate of proof of ownership does not show that
the applicant was a fee title owner of contiguous lands as of the last
day of the 30 day preference right period, a date specified by the
authorized officer.
As between two preference right applicants for a 40 acre parcel in a
public sale under 43 U.S.C. § 1171 (1970), and 43 CFR 2711.4(b)(2),
the requirements imposed upon preference right applicants are strictly
construed.
APPEARANCES: G. Rich Andrus, Esq., of Rigby & Thatcher, Rexburg, Idaho, for appellants.
OPINION BY MR. GOSS
Appellants have appealed from an Idaho State Office decision dated May 30, 1972, rejecting
their preference right claim for the 40 acres comprising the NE 1/4 SW 1/4, sec. 29, T. 8 N., R. 41 E.,
B.M., Idaho, which was offered for public sale pursuant to Rev. Stat. § 2455, as amended, 43 U.S.C.
§ 1171 (1970).

14 IBLA 131

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