Black Pearls of Genealogy

What is the Homestead Act?

The Homestead Act of 1862, in U.S. history, significant legislative action that promoted the settlement and development of the American West. 

It was also notable for the opportunity it gave the formerly enslaved to own land. President Abraham Lincoln signed the Homestead Act into law on May 20, 1862.

Buyer was required to live on the land for five years and perform necessary upkeep and additions.

  1. Civil War Union veterans could use time served in the military towards the residency requirement.            
  2. Settlers could also acquire the title of land if they lived on the land for 6 months and paid the government $1.25 per acre.

 

Signed in 1862, this allowed any American or immigrant pursuing the citizenship process to purchase up to 160 acres of federal land. The law was not repealed until 1986 when it expired in Alaska. All previous states had repealed the law by 1976.

States without Homesteads

  • Connecticut

  • Delaware

  • Georgia

  • Hawaii

  • Kentucky

  • Maine

  • Maryland

  • Massachusetts

  • New Hampshire

  • New Jersey

  • New York

  • North Carolina

  • Pennsylvania

  • Rhode Island

  • South Carolina

  • Tennessee

  • Texas

  • Vermont

  • Virginia

  • West Virginia

Locating Homesteads Online

Bureau of Land Management – Land and Patent Records

Federal Land Patents offer researchers a source of information on the initial transfer of land titles from the Federal government to individuals. In addition to verifying title transfer, this information will allow the researcher to associate an individual (Patentee, Assignee, Warrantee, Widow, or Heir) with a specific location (Legal Land Description) and time (Issue Date). We have a variety of Land Patents on our site, including Cash Entry, Homestead and Military Warrant patents.

National Park Service

All land-entry case files are held by the National Archives in downtown Washington, D.C. If you are researching homesteads in Alaska, Arizona, Indiana, Illinois, Iowa, Nebraska, Nevada, Ohio, Wyoming, and/or Utah, you can search for their homestead records (up to 1908) at the Heritage Center for free.

Black Homesteaders of  the South

The documentation from the homestead land entry papers files offered key dates and vital information regarding the location of the land; age and birthplace of the claimant/applicant; when they originally settled on the land; the number of family members living on the land; improvements made; and a list of witnesses. Bennett’s story is a guide for family historians to validate oral history as she describes the painstaking research to find documents, including obstacles, to confirm her family lore.

 

This book is the first of its kind where the descendants in the rural communities of Alabama, Arkansas, Florida, Louisiana, and Mississippi are telling how their ancestors met the eligibility requirements to apply for and obtain this homestead land. 

Bernice Alexander Bennett