Title 43, Public LandsRelease 119-102
§935 Several Roads Through Canyons
Title 43 › CHAPTER 22 — RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS › § 935
Summary
Railroads that put tracks through a canyon, pass, or defile cannot stop another railroad from using the same route or from crossing there at grade. They must not end the use of any wagon or public highway that was in that place on March 3, 1875, and must allow needed wagon roads. If a wagon road must be moved, the railroad must rebuild it first at its own cost and make it as good as the original; if several railroads share the canyon, they must split the cost fairly.
Full Legal Text
Title 43, §935
Public Lands, Source: USLM XML via OLRC
Any railroad company whose right of way, or whose track or roadbed upon such right of way, passes through any canyon, pass, or defile, shall not prevent any other railroad company from the use and occupancy of the said canyon, pass, or defile, for the purposes of its road, in common with the road first located, on the crossing of other railroads at grade. And the location of such right of way through any canyon, pass, or defile shall not cause the disuse of any wagon or other public highway located therein on March 3, 1875, nor prevent the location through the same of any such wagon road or highway where such road or highway may be necessary for the public accommodation; and where any change in the location of such wagon road is necessary to permit the passage of such railroad through any canyon, pass, or defile, said railroad company shall before entering upon the ground occupied by such wagon road, cause the same to be reconstructed at its own expense in the most favorable location, and in as perfect a manner as the original road: Provided, That such expenses shall be equitably divided between any number of railroad companies occupying and using the same canyon, pass, or defile.
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Section repealed by Pub.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. § 935
Title 43, Public Lands
Last Updated
Aug 21, 2026
Release point: 119-102