Title 25 — IndiansRelease 119-73

§314 Survey; maps; compensation

Title 25 › Chapter CHAPTER 8— - RIGHTS-OF-WAY THROUGH INDIAN LANDS › § 314

Last updated Apr 6, 2026|Official source

Summary

Railroads can survey and run a route across tribal lands only if they get permission from the Secretary of the Interior. Before any right of way takes effect, the company must file a map of the route and have the Secretary approve it. The company must pay full compensation, through the Secretary, for the right of way and for any damage to buildings or nearby land. The Secretary decides how that payment is handled. If the land is held by an individual occupant or allottee, the company must pay that person for land taken or damage before building. If they cannot agree, three neutral referees chosen by the Secretary will appraise the damage after taking an oath. If two referees cannot agree, any two can make the award. Either side may appeal within 60 days (except for land in Oklahoma) to a U.S. district court, which will retry the case and issue a final judgment. The railroad must deposit the referees’ award with the court to begin work. Each referee is paid $4 per day while hearing a case. Witnesses get normal court fees. All costs, including referee pay, are added to the award or judgment and paid by the railroad.

Full Legal Text

Title 25, §314

Indians — Source: USLM XML via OLRC

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 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 cannot 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, if said land is situated in any State or Territory other than Oklahoma, 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 conclusive. When proceedings are commenced in court as 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 $4 per day while engaged in the hearing of any case submitted to them under sections 312 to 318 of this title. 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.

Reference

Citations & Metadata

Citation

25 U.S.C. § 314

Title 25 — Indians

Last Updated

Apr 6, 2026

Release point: 119-73