Homestead on Cold Creek

On May 20, 1862, Abraham Lincoln signed into law the Homestead Act. This monumental act fostered Western migration by providing frontier settlers 160 acres of public land (surveyed government land). In exchange, homesteaders paid a small filing fee and were required to complete five years of continuous residence ("proving up" the land, building a home and planting crops) before receiving ownership. After six months of residency, homesteaders also had the option of purchasing the land from the government for $1.25 per acre. The Homestead Act led to the distribution of 270 million acres of public land (~10% of the continental US) to private citizens.

While the Act encouraged many would-be homesteaders, its minimal and seemingly lenient requirements proved deceiving. For many, the requirements became insurmountable. Many homesteaders took claims with little or no farming experience, and growing crops in the harsh conditions of the West was a difficult task for even the most seasoned farmers. Many homesteads in the arid plains were too small to yield a profitable crop, and the cost of irrigation far exceeded the value of the land. Over the 124-year history of the Act, more than 2 million individuals filed claims. Of these, only 783,000 -- less than half -- ultimately obtained the deeds for their homesteads.

Fred and Ella Kohlhepp, along with their children, were among those that homesteaded lands, and not all were successful. One set of 160 acres, up on Cold Creek near the settlement of Neeley, was proved up by Fred and Ella, and ended up being what the Kohlhepp children considered "home." They filed notice at the land office at Blackfoot, Idaho on April 5th, 1897, of making their proof of their five year term, which was recorded in the April 24, 1897 Blackfoot News:

"Notice for Publication.

Land Office at Blackfoot, Idaho,
April 5th, 1897.

Notice is hereby given that the following named settler has filed notice of his intention to make final proof in support of his claim and that said proof will be made before the Register & Receiver at Blackfoot, Idaho, on May 20th, 1897: viz. Fred J. Kohlhepp, on E. No. 2827, for the E1/2 of NE1/4, NE1/4 SE1/4 of Sec. 19, NW1/4 of SW1/4, Sec. 20, Twp. 8 Range 31 East.

He names the following witnesses to prove his continuous residence upon and cultivation of said land, viz:

William Neeley, Christ[ina] Neeley, Pr[?] Dilley, Ella Kohlhepp, all of American Falls, Oneida County, Idaho.
JNO. G. BROWN, Registrar"



This proved successful as the land grant records attest:

Homestead Certificate No. 2187

Application 2827

The United States of America,

To all to whom these Presents shall come, Greeting:

Whereas, There has been deposited in the General Land Office of the United States a Certificate of the Register of the Land Office at Blackfoot Idaho, whereby it appears that, pursuant to the Act of Congress approved 20^th May, 1862, “To secure Homesteads to actual Settlers on the Public Domain,” and the acts supplemental thereto, the claim of Fred J. Kohlhepp has been established and duly consummated, in conformity to law for the east half of the north east quarter and the North East quarter of the south East quarter of section nineteen and the North West quarter of the South West quarter of section twenty in Township eight south of Range thirty one East of Boise Meridian in Idaho containing one hundred and sixty acres according to the Official Plot of the Survey of said Land, returned to the General Land Office by the Surveyor General.

Now know ye that there is, therefore, granted by the United Stated unto the said Fred K. Kohlhepp the tract of Land above described: TO HAVE AND TO HOLD the said tract of Land with the appurtenances thereof, unto the said Fred K. Kohlhepp and to his heirs and assigns forever; subject to any vested and accrued water rights for mining, agricultural, manufacturing, or other purposes, and rights to ditches and reservoirs used in connection with such water rights as may be recognized and acknowledged by the local customs, laws, and decisions of courts, and also subject to the right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as provided by law, and there is reserved from the lands hereby granted, a right of way thereon for ditches or canals constructed by the authority of the United States.

In testimony whereof, I William McKinley, President of the United States of America, have caused these letters to be made Patent, and the Seal of the General Land Office to be hereunto affixed.

Given under my hand, at the City of Washington, the Fifth day of August, in the year of our Lord one thousand eight hundred and Ninety seven, and of the Independence of the United States the one hundred and twenty second.

By the President, William McKinley

By F. M. McKean, Secretary.

C. H. Brush, Recorder of the General Land Office.

Enjoyably, this grant of land can be mapped easily to real property today. Here is a visualization thanks to the government: