Use and Disposition of Railroad Right-of-way Grants: Hearings Before the Subcommittee on Public Lands of the Committee on Interior and Insular Affairs, House of Represenatives, Eighty-seventh Congress, First Session on H.R. 6630 and H.R. 6945 ... H.R. 7550 ... June 29 and 30, 1961U.S. Government Printing Office, 1961 - 144 sider Committee Serial No. 9. Considers. H.R. 3346 and two identical bills, to authorize Interior Dept to dispose of lands within abandoned and forfeited railroad rights-of-way. H.R. 6630 and H.R. 6945, to authorize the Interior Dept to grant to railroads right-of-way through public lands. H.R. 6161, H.R. 7436, and H.R. 7550, to validate right-of-way conveyance to railroad companies. |
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400-foot right-of-way abandoned or forfeited act of March acts of Congress adverse possession application ASPINALL Calif California Central Pacific Railway Committee on Interior compensation CONGRESS THE LIBRARY congressional grants Congressman construction conveyance conveyed D.C. DEAR DOMINICK DURNO easement enacted fee simple feet forfeiture gentleman granted right-of-way highway Insular Affairs interest Interior and Insular involved JOHNSON land grant LANDSTROM LANGEN legislation lessees LIBRARY OF CONGRESS located Madam Chairman MCCARTHY MELIA ment miles minerals Northern Northern Pacific Railroad Northern Pacific Railway of-way OLSEN operation owner patent portions private bills proposed Prost public lands question quitclaim deeds rail railroad company railroad purposes railroad rights-of-way right-of right-of-way granted rights-of-way acquired road Santa Fe SAUND Saylor Secretary SENZEL shippers Southern Pacific Southern Pacific Co special acts Stat statement subcommittee thereof tion track U.S. Supreme Court Union Pacific Railroad United WATERMAN WESTLAND width
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Side 5 - An act [to amend an act entitled an act] to aid in the construction of a railroad and telegraph line from the Missouri River to the Pacific Ocean, and to secure to the government the use of the same for postal, military, and other purposes, approved July first, eighteen hundred and sixty-two," approved July second, eighteen hundred and sixty-four.
Side 24 - ... the public lands adjacent to the line of said road, material, earth, stone, and timber necessary for the construction of said railroad; also, ground adjacent to such right of way for station buildings, depots, machine shops, side tracks, turn-outs, and water stations, not to exceed in amount twenty acres, for each station, to the extent of one station for each ten miles of its road.
Side 125 - States is hereby granted to any railroad company duly organized under the laws of any state or territory except the District of Columbia, or by the congress of the United States, which shall have hied with the secretary of the interior a copy of its articles of incorporation, and due proofs of its organization under the same, to the extent of one hundred feet on each side of the...
Side 97 - Neither courts nor juries, therefore, nor the general public, may be permitted to conjecture that a portion of such right of way is no longer needed for the use of the railroad and title to it has vested in whomsoever chooses to occupy the same. The whole of the granted right of way must be presumed to be necessary for the purposes of the railroad, as against a claim by an individual of an exclusive right of possession for private purposes.
Side 11 - The subject of this legislation is not a matter for which the Department of Justice has primary responsibility, and accordingly we make no recommendation as to the enactment of the bill.
Side 125 - States, which shall have filed with the Secretary of the Interior a copy of its articles of incorporation, and due proofs of its organization under the same, to the extent of one hundred feet on each side of the central line of said road...
Side 95 - Congress having plainly manifested its intention that the title to, and possession of, the right of way should continue in the original grantee, its successors and assigns, so long as the railroad was maintained, the possession by individuals of portions of the right of way cannot be treated without overthrowing the act of Congress, as forming the basis of an adverse possession which may ripen into a title good as against the railroad company.
Side 5 - States all deposits of coal, oil, gas, or other minerals, together with the right to prospect for, mine, and remove the same under such regulations as the Secretary may prescribe.
Side 89 - Looking to the condition of the country, and the purposes intended to be accomplished by the act, this language of the court furnishes the proper rule of construction of the act of 1875. When an act, operating as a general law, and manifesting clearly the intention of Congress to secure public advantages, or to subserve the public interests and welfare by means of benefits more or less valuable, offers to individuals or to corporations as an inducement to undertake and accomplish great and expensive...
Side 93 - ... no such conveyance shall have effect to diminish said right of way to a less width than one hundred feet on each side of the center of the main track of the railroad as now established and maintained. "Sec. 2. That this act shall have no validating force until the Northern Pacific Railway Company shall file with the Secretary of the Interior an instrument in writing, accepting its terms and provisions.