There were three ways land could be secured from the government during the period of settlement in Barnes County. With only about two-thirds of the government land in Barnes County settled upon by 1882, there were many opportunities to obtain a homestead.
Pre-emption. Any citizen over twenty-one could secure a tract of 160 acres by pre-emption and have one year in which to make payment for the land. He paid a filing fee of $2.00 and after living on the land for a period of one year, he was required to pay for the land at the rate of $2.50 per acre if within the rail road limits or $1.25 if beyond the railroad limits (the railroad limits being twenty miles on either side of the railroad). If the land had not been offered for public sale by the government, the homesteader had two and a half years to make final payment.
Homestead. Any person twenty-one years of age and who had declared his intention to become an American citizen could obtain 160 acres of land by filing such an intention, paying a fee of $14.00 and fulfilling the requirement of living and improving the land for a period of five years and then paying a further fee of proceedings. $4.00 plus about $2.25 for drawing up the papers.
Tree Claim. Any person who was entitled to pre-empt or homestead land might likewise acquire 160 acres under the timber culture law. In this case he proceeded just as in taking a homestead and the cost was the same. Under this method he was required to plow five acres the first year, cultivate the five acres the second year and plant trees the third year. This operation was to be repeated for three years, each year plowing another five acres and so forth. At the expiration of eight years, upon proving that there were at least 675 growing trees on each acre of land, he then became entitled to the land by paying a fee of $4.00 plus a $2.25 cost of making out the necessary papers.
Forty, eighty or one hundred sixty acres could be acquired this way but since the fee was the same regardless of size, it paid to take the larger amount of land. In the event of the death of the claim ant before the homestead was proved up, the heirs then could consummate the proceedings.
Homesteader's receipt for entry fee
Note: It is inquired of the homestead settlor that he shall reside upon and cultivate the land embraced in his homestead entry for a period of five years from the time of filing the affidavit, being also the date of entry. An abandonment of the land for more than six months works a forfeiture of the claim. Further, within two years from the expiration of the said five years he must file proof of his actual settlement and cultivation, failing to do which, his entry will be canceled. If the settler does not wish to remain five years an his tract, he can, at any time after six months, pay for it with cash on land warrants, upon making proof of settlement and cultivation from date of filing affidavit to the time of payment.