Title 43, Public LandsRelease 119-102

§912 Disposition of Abandoned or Forfeited Railroad Grants

Title 43 › CHAPTER 21 — GRANTS IN AID OF RAILROADS AND WAGON ROADS › § 912

Last updated Aug 21, 2026|Official source

Summary

When land the United States gave a railroad for a right-of-way or for railroad buildings stops being used by that railroad—because the railroad abandoned it, lost it by forfeiture, a court order, or an Act of Congress—the United States’ interest in those lands will pass to whoever holds or later gets a U.S. patent that covers the whole legal subdivision(s) crossed by the railroad. The title transfers automatically by that patent without any extra deed. Land inside a city or town goes to that city or town. Parts that become a public highway within one year after the court order, forfeiture, or abandonment are not transferred this way. This rule does not change railroad sales that were or could be confirmed by Congress made after March 8, 1922 and before the abandonment or forfeiture, and it does not affect any public highway that existed on March 8, 1922. All transfers keep a reservation for the United States of all oil, gas, and other minerals, and the U.S. keeps the right to explore for, mine, and remove them.

Full Legal Text

Title 43, §912

Public Lands, Source: USLM XML via OLRC

Whenever public lands of the United States have been or may be granted to any railroad company for use as a right of way for its railroad or as sites for railroad structures of any kind, and use and occupancy of said lands for such purposes has ceased or shall hereafter cease, whether by forfeiture or by abandonment by said railroad company declared or decreed by a court of competent jurisdiction or by Act of Congress, then and thereupon all right, title, interest, and estate of the United States in said lands shall, except such part thereof as may be embraced in a public highway legally established within one year after the date of said decree or forfeiture or abandonment be transferred to and vested in any person, firm, or corporation, assigns, or successors in title and interest to whom or to which title of the United States may have been or may be granted, conveying or purporting to convey the whole of the legal subdivision or subdivisions traversed or occupied by such railroad or railroad structures of any kind as aforesaid, except lands within a municipality the title to which, upon forfeiture or abandonment, as herein provided, shall vest in such municipality, and this by virtue of the patent thereto and without the necessity of any other or further conveyance or assurance of any kind or nature whatsoever: Provided, That this section shall not affect conveyances made by any railroad company of portions of its right of way if such conveyance be among those which have been or may after March 8, 1922, and before such forfeiture or abandonment be validated and confirmed by any Act of Congress; nor shall this section affect any public highway on said right of way on March 8, 1922: Provided further, That the transfer of such lands shall be subject to and contain reservations in favor of the United States of all oil, gas, and other minerals in the land so transferred and conveyed, with the right to prospect for, mine, and remove same.

Reference

Citations & Metadata

Citation

43 U.S.C. § 912

Title 43, Public Lands

Last Updated

Aug 21, 2026

Release point: 119-102