§942–3 — Title 43 Public Lands | U.S. Code

Summary

When a company that has permission to build a road needs to cross private land or certain U.S. lands, it can take a right-of-way by following a court process. If the owner and the company cannot agree on how much to pay, any party can ask a judge of a court of record in Alaska to pick three impartial commissioners to set the price. The commissioners must value the land as if the road had not been built. If their award is filed in court and the company pays that amount to the court clerk for the owner, the company gets ownership of the land for building, keeping, and operating the road. Either side can appeal within 30 days and ask for a jury of twelve men to re-decide damages. An appeal does not stop the company from entering or working on the land. The appellant must post bonds for costs, and if the appellant loses, that party pays all costs for both sides. If an owner lives outside the Territory or cannot act, the court can appoint a person with bonds to represent them. A guardian’s failure does not cancel the company’s title. For land with no known owner, the company may enter and use it and then start the same court process to determine value and get title. The court decides how to notify missing owners and may appoint someone to represent them. If no claimant appears within six years after the road opens across land, all claims for damages are barred. A legal guardian may also settle and convey land for a person under guardianship if the court approves.

Title 43, §942–3

Public Lands — Source: USLM XML via OLRC

Where any company, the right of way to which is granted by section 687a, 687a–2 to 687a–5,11 See References in Text note below. and 942–1 to 942–9 of this title and section 607a and 615a of title 16, shall in the course of construction find it necessary to pass over private lands or possessory claims on lands of the United States, condemnation of a right of way across the same may be made in the following manner: In case the owner or claimant of such lands or premises and such company can not agree as to the damages, the amount shall be determined by the appraisal of three disinterested commissioners, who may be appointed upon application by any party to any judge of a court of record in Alaska; and said commissioners, in their assessments of damages, shall appraise such premises at what would have been the value thereof if the road had not been built; and upon return into court of such appraisement, and upon the payment to the clerk thereof of the amount so awarded by the commissioners for the use and benefit of the owner thereof, said premises shall be deemed to be taken by said company, which shall thereby acquire full title to the same for the purposes aforesaid. And either party feeling aggrieved by said assessment may, within thirty days, file an appeal therefrom, and demand a jury of twelve men to estimate the damage sustained; but such appeal shall not interfere with the rights of said company to enter upon the premises taken, or to do any act necessary in the construction of its road. And said party appealing shall give bonds with sufficient surety or sureties for the payment of any costs that may arise upon such appeal. And in case the party appealing does not obtain a more favorable verdict, such party shall pay the whole cost incurred by the appellee, as well as its own. And the payment into court for the use of the owner of claimant, of a sum equal to that finally awarded shall be held to vest in said company the title of said land, and the right to use and occupy the same for the construction, maintaining and operating of the road of said company. And in case any of the lands to be taken as aforesaid shall be held by any person residing without the Territory, or subject to any legal disability, the court may appoint a proper person who shall give bonds with sufficient surety or sureties, for the faithful execution of his trust, and who may represent in court the person disqualified or absent as aforesaid, when the same proceeding shall be had in reference to the appraisement of the premises to be taken, and with the same effect as has been already described. And the title of the company to the land taken by virtue of this section shall not be affected nor impaired by reason of any failure by any guardian to discharge faithfully his trust. And in case it shall be necessary for the said company to enter upon lands which are unoccupied, and of which there is no apparent owner or claimant, it may proceed to take and use the same for the purpose of its said railroad, and may institute proceedings in the manner described for the purpose of ascertaining the value of, and acquiring a title to, the same; and the court may determine the kind of notice to be served on such owner or owners, and may in its discretion appoint an agent or guardian to represent such owner or owners in case of his or their incapacity or nonappearance. But in case no claimant shall appear within six years from the time of the opening of said road across any land, all claims to damages against said company shall be barred. It shall be competent for the legal guardian of any infant, or any other person under guardianship, to agree with the said company as to damages sustained by reason of the taking of any lands of any such person under disability, as aforesaid, for the use as aforesaid; and upon such agreement being made, and approved by the court having supervision of the official acts of said guardian, and said guardian shall have full power to make and execute a conveyance thereof to the said company which shall vest the title thereto in the said company.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 687a and 687a–2 to 687a–5 of this title, referred to in text, were repealed by Pub. L. 94–579, title VII, §§ 703(a), 704(a), Oct. 21, 1976, 90 Stat. 2789, 2792. Codification The first sentence of this section to the colon is from section 4 of act

May 14, 1898, which, as originally enacted, provided that the condemnation might be made in accordance with section 3 of act

July 2, 1864. The remainder of this section is from section 3 of act

July 2, 1864, incorporated herein for convenience of reference. The proviso of section 4 of act

May 14, 1898, is classified to section 942–4 of this title. Section was formerly classified to section 413 of Title 48, Territories and Insular Possessions.

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.

§942–3 Condemnation of land