materials, station granted to railroads. RAILROADS. An Act Granting to railroads the right of way through the public lands of the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Right of way, That the right of way through the public lands of the grounds, etc. United 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 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; also the right to take, from 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. Rights of several railroads Crossing grade. rights of. at SEC. 2. That any railroad company whose right of way, through canyon, or whose track or roadbed upon such right of way, passes pass, or defile. through any canyon, pass, or defile, shall not prevent any other railroad company from the use and occupancy of said canyon, pass, or defile, for the purposes of its road, in common with the road first located, or the crossing of other railroads at grade. And the location of such right of way through any canyon, pass, or defile shall Wagon roads, not cause the disuse of any wagon or other public highway now located therein, nor prevent the location through the same of any such wagon road or highway where such road or highway may be necessary for the public accommodation; and where any change in the location of such wagon road is necessary to permit the passage of such railroad through any canyon, pass, or defile, said railroad company shall, before entering upon the ground occupied by such wagon road, cause the same to be reconstructed at its own expense in the most favorable location, and in as perfect a manner as the original road: Provided, That such expenses shall be equitably divided between any number of railroad companies occupying and using the same canyon, pass, or defile. Private lands and possessory demned. SEC. 3. That the legislature of the proper Territory claims, how con- may provide for the manner in which private lands and possessory claims on the public lands of the United States may be condemned; and, where such provision shall not have been made, such condemnation may be made in accordance with section three of the act entitled "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. claiming benefits, SEC. 4. That any railroad company desiring to secure Profile of road the benefits of this act shall, within twelve months after when to be filed. the location of any section of twenty miles of its road, if the same be upon surveyed lands, and, if upon unsurveyed lands, within twelve months after the survey thereof by the United States, file with the register of the land office for the district where such land is located a profile of its road; and, upon approval thereof by the Secretary of the Interior, the same shall be noted upon the plats in said office, and thereafter all such lands over which such right of way shall pass shall be disposed of subject to such right of way: Provided, That if any lands subject to section of said road shall not be completed within five right of way. years after the location of said section, the rights herein granted shall be forfeited as to any such uncompleted section of said road. Disposal of Forfeiture of rights. this act. SEC. 5. That this act shall not apply to any lands Application of within the limits of any military park, or Indian reservation, or other lands specially reserved from sale, unless such right of way shall be provided for by treaty stipulation or by act of Congress heretofore passed. or amend. SEC. 6. That Congress hereby reserves the right at Right to alter any time to alter, amend, or repeal this act, or any part thereof. Approved, March 3, 1875 (18 Stat., 482). Extract from the deficiency appropriation act, approved March 3, 1899 (30 Stat., 1233)." way across forest That in the form provided by existing law the Secretary tecretary of the of the Interior may file and approve surveys and plats prove surveys, of any right of way for a wagon road, railroad, or other etc., of rights of highway over and across any forest reservation or reser- reserves. voir site when in his judgment the public interests will not be injuriously affected thereby. Rights of way. Oklahoma and lands subject to An Act To confirm the right of way of railroads now constructed and in operation in the Territories of Oklahoma and Arizona. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That where, under the Act of Congress approved March third, eighteen hundred and seventy-five, entitled "An Arizona public Act granting to railroads the right of way through the easement for. public lands of the United States," or under special Acts of Congress, or under the laws of the Territories of Oklahoma and Arizona, railroads have been constructed and are now in operation in Oklahoma or Arizona which may pass through any of the lands heretofore reserved for said Territories, such lands shall be disposed of subject to such railroad right or easement, but only to the extent of the right of way conferred by the said Act of March third, eighteen hundred and seventy-five, for such railroad purposes. Approved, June 26, 1906 (34 Stat., 481). Rights of way. Forfeiture grants not completed in years. FORFEITURE OF RAILROAD RIGHTS OF WAY. An Act To declare and enforce the forfeiture provided by section four of the act of Congress approved March third, eighteen hundred and seventy-five, entitled "An act granting to railroads the right of way through the public lands of the United States." Be it enacted by the Senate and House of Representatives of of the United States of America in Congress assembled, That five each and every grant of right of way and station grounds heretofore made to any railroad corporation under the act of Congress approved March third, eighteen hundred and seventy-five, entitled "An act granting to railroads the right of way through the public lands of the United States," where such railroad has not been constructed and the period of five years next following the location of said road, or any section thereof, has now expired, shall be, and hereby is, declared forfeited to the United States, to the extent of any portion of such located line now remaining unconstructed, and the United States hereby resumes the full title to the lands covered thereby freed and discharged from such easement, and the forfeiture hereby declared shall, without need of further assurance or conveyance, inure to the benefit of any owner or owners of land heretofore conveyed by the United States subject to any such grant of right of way Roads under or station grounds: Provided, That in any case under this act where construction of the railroad is progressing in good faith at the date of the approval of this act the forfeiture declared in this act shall not take effect as to such line of railroad. construction. Forfeiture of certain railroad rights of way. Approved, June 26, 1906 (34 Stat., 482). An Act To declare and enforce the forfeiture provided by section fou of the act of Congress approved March third, eighteen hundred and seventy-five, entitled "An act granting to railroads the right of way through the public lands of the United States." Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That each and every grant of right of way and station grounds heretofore made to any railroad corporation under the act of Congress approved March third, eighteen hundred and seventy-five, entitled "An act granting to railroads the right of way through the public lands of the United States," where such railroad has not been constructed and the period of five years next following the location of said road, or any section thereof, has now expired, shall be, and hereby is, declared forfeited to the United States, to the extent of any portion of such located line now remaining unconstructed, and the United States hereby resumes the full title to the lands covered thereby free and discharged from such easement, and the forfeiture hereby declared shall, without need of further assurance or conveyance, inure to the benefit of any owner or owners of land heretofore conveyed by the United States subject to any such grant of right of way or station grounds: Provided, That no right of way on which construction is progressing in good faith at the time of the - passage of this act shall be in any wise affected, validated or invalidated, by the provisions of this act. Approved, February 25, 1909 (35 Stat., 647). RAILROAD RIGHTS OF WAY THROUGH INDIAN An Act To provide for the acquiring of rights of way by railrod companies through Indian reservations, Indian lands, and Indian allotments, and for other purposes. way to railroads lands. Be it enacted by the Senate and House of Representatives General right of of the United States of America in Congress assembled, That through Indian a right of way for a railway, telegraph and telephone line through any Indian reservation in any State or Territory, or through any lands held by an Indian tribe or nation in Indian Territory, or through any lands reserved for an Indian agency or for other purposes in connection with the Indian service, or through any lands which have been alloted in severalty to any individual Indian under any law or treaty, but which have not been conveyed to the allottee with full power of alienation, is hereby granted to any railroad company organized under the laws of the United States, or of any State or Territory, which shall comply with the provisions of this act and such rules and regulations as may be prescribed thereunder: Provided, secretary of the That no right of way shall be granted under this act until Interior. the Secretary of the Interior is satisfied that the company applying has made said application in good faith and with intent and ability to construct said road, and in case objection to the granting of such right of way shall be made, said Secretary shall afford the parties so objecting a full opportunity to be heard: Provided further, That Parallel right: where a railroad has heretofore been constructed, or is in actual course of construction, no parallel right of way within ten miles on either side shall be granted by the Secretary of the Interior unless, in his opinion, public interest will be promoted thereby. Approval of way. grounds for build SEC. 2. That such right of way shall not exceed fifty Width feet in width on each side of the center line of the road, except where there are heavy cuts and fills, when it shall not exceed one hundred feet in width on each side of the road, and may include ground adjacent thereto for station Additional buildings, depots, machine shops, side tracks, turn-outs, ings. and water stations, not to exceed one hundred feet in width by a length of two thousand feet, and not more than one station to be located within any one continuous length of ten miles of road: Provided, That this section Applicable shall apply to all rights of way heretofore granted to rail- Territory. roads in the Indian Territory where no provisions defining the width of the rights of way are set out in the act granting the same. grants, to Indian Maps filed. Damages. to Appraisal. SEC. 3. That the line of route of said road may be surveyed and located through and across any of said lands at any time, upon permission therefor being obtained from the Secretary of the Interior; but before the grant be of such right of way shall become effective a map of the survey of the line or route of said road must be filed with and approved by the Secretary of the Interior, and the company must make payment to the Secretary of the Interior for the benefit of the tribe or nation, of full compensation for such right of way, including all damage to improvements and adjacent lands, which compensation shall be determined and paid under the direction of the Secretary of the Interior, in such manner as he may prescribe. Before any such railroad shall be constructed through any land, claim, or improvement held by individual occupants or allottees in pursuance of any treaties or laws of the United States, compensation shall be made to such occupant or allottee for all property to be taken, or damage done, by reason of the construction of such railroad. In case of failure to make amicable settlement with any such occupant or allottee, such compensation shall be determined by the appraisement of three disinterested referees, to be appointed by the Secretary of the Interior, who, before entering upon the duties of their appointment, shall take and subscribe before competent authority an oath that they will faithfully and impartially discharge the duties of their appointment, which oath, duly certified, shall be returned with their award to the Secretary of the Interior. If the referees can not agree, then any two of them are authorized to make the award. Either party being dissatisfied with the finding of the referees shall have the right within sixty days after the making of the award and notice of the same, to appeal, in case the land in question is in the Indian Territory, by original petition to the United States court in the Indian Territory sitting at the place nearest and most convenient to the property sought to be condemned; and if said land is situated in any State or Territory other than the Indian Territory, then to the United States district court for such State or Territory, where the case shall be tried de novo and the judgment for damages rendered by the court shall be final and conConstruction to clusive. When proceedings are commenced in court as posit of the aforesaid, the railroad company shall deposit the amount of the award made by the referees with the court to abide the judgment thereof, and then have the right to enter upon the property sought to be condemned and proceed with the construction of the railway. Each of the referees shall receive for his compensation the sum of four dollars per day while engaged in the hearing of any case Fees, costs, etc. submitted to them under this act. Witnesses shall receive the fees usually allowed by courts within the district where such land is located. Costs, including compensation of the referees, shall be made part of the award or judgment, and be paid by such railroad company. Appeal. commence on de award. |