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Case 1:07-cv-00271-RHH

Document 68-2

Filed 06/27/2008

Page 1 of 2

69T CoNGBE i HOUSE 'OF REPRESENTATIVE. j REPRT
18t S6BWn. r l No.

4777.

RAILOAD RIGHTS OF WAY THROUGH PUBLIC LANDS.
Jvn lS, 190.-Ommtte to the Committe of the Whole House OD the state of the
Union and ordered to be printed.

Mr. FBNOB, from the Committee on the Public Lands, submitted the following

REPORT.
(To accompany S. 3743.)

March 8, 1875, having had the same under consideration, report it back and recommend the passage thereof.

of way through the publio lands of the United States," approved

The Committee on Public Lands, to whom was referred the bil (S. 8748) to amend an act entitled "An act granting to railroads the right

The act of Mardi 8, 1875 (18 'Stat. L., 482), grants railroads the .rght of way through the public lands, and thereunder large mileage has been construoted throughout the western lublio-land States and Territories, inoluding Arizona and portions 0 Oklahoma. The act
contains the provisionR that it-

shall not apply to any lands within the limits of any miltary park or Indian reserspeially reserved from vation, or other lands' sale, unless such right of way shall ll
provided for by trety stipulation or by act of Congres heretofore pas.

By acts of Congress of May 4, 1894 (28 Stat. L., 71, Oklahoma),
and April 7, 1896 (29 Stat. L., 90, Arizona), the sohool sections (16

and (6) in each township in those' Territol'es were so "specially reserved-from sale" for the purpose of future grant of the same to the ~rospective new States, and tlie Territories were permitted to lease
them. In building ralroads under the act of Marcli 8, 1875, many of

thes reserved school sections have bp,en crossed by the roads. Wherever any possesion or improvement of an individual settler or occupat thereon has been found the act req\lirêd the rights of such. parties to be compensated for, either by

adjustment and payment. But the lands being so "specially reserved

condemnation suit or amicable

from sale" under the ordinary públic-Iand laws, it may happen that
when the. new. States are created and the fee to these school sections
paes to such new States under the grants act, the iilroads wil be req~ired to

provided in theenahling purchase such right of way from

the Statæ . The object of ~ bil ~. to .remove the doubt. .

Case 1:07-cv-00271-RHH

Document 68-2

Filed 06/27/2008

Page 2 of 2

2 BAILROAD BIGHTS OF WAY THROUGH PUBLIO LANDS. . .
. Th~ri~lit-.as ()tig¡~aiiy conf~rre~ aIldas .p;ro..po~~ . ~"~ . prot~~ted

l)y .tbiabill simply grants an . easement or. use. . for railroadpurposes.
'Un~er~he present¡.\aw wherev~r the railroad .passes through

a . tl'~:t.

of publIc land the entire tract 18 patente to the settler or entryman, subject only to this easement. The present bill does not in any way
enlarge the nature of the right conferred.

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