§ 1824.1-2 - Discretionary authority of authorized officer; limitations.

(a) The law invests authorized officers with discretion in the selection of newspapers to be the media of notice in such cases as are here referred to, but that discretion is official in character, and not a purely personal and arbitrary power to be exercised without regard for the object of the law by which it is conferred.

(b) In designating papers in which notices of intention to make final proof under the Act of March 3, 1879 (20 Stat. 472; 43 U.S.C. 251) shall be published, the authorized officer shall designate only such reputable papers of general circulation nearest the land applied for, the rates of which do not exceed the rates established by State laws for the publication of legal notices.