Title 43Public LandsRelease 119-73

§934 Right of way through public lands granted to railroads

Title 43 › Chapter CHAPTER 22— - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS › § 934

Last updated Apr 6, 2026|Official source

Summary

Allows railroads organized under state or territorial law or by Congress (except D.C.) to use public land 100 feet on each side of their track centerline if they file articles and proofs with the Secretary of the Interior. They may take earth, stone, and timber for construction and up to 20 acres per station (one per 10 miles) for stations.

Full Legal Text

Title 43, §934

Public Lands — Source: USLM XML via OLRC

The right of way through the public lands of the United States is 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, turnouts, 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.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Repeal;

Savings Provision

Section repealed by Pub. L. 94–579, title VII, § 706(a), Oct. 21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976, insofar as applicable to the issuance of rights-of-way over, upon, under, and through the public lands and lands in the National Forest System. Such repeal not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.

Reference

Citations & Metadata

Citation

43 U.S.C. § 934

Title 43Public Lands

Last Updated

Apr 6, 2026

Release point: 119-73