§888 Selection by Railroads of Lands in Lieu of Lands Entered Subsequent to Accrual of Rights; Title of Settlers

Summary

When a railroad’s granted land turns out to be in the hands of a settler who filed under the homestead or preemption laws after the railroad’s rights attached, and the settler formally gives up that claim, the railroad may choose the same amount of other public, non‑mineral land inside the grant that was still available on the selection date. The railroad will get title to the new land as if it had been part of the original grant, and the settler’s claim can be finished as if the land had not been granted. This does not make any railroad’s grant bigger, does not apply to lands reserved from the grant, and does not confirm Interior Department actions that gave land to a railroad when a settler had entered after the road was located but before local land offices were told the land was withdrawn.