§935 — Title 43 Public Lands | U.S. Code

Summary

Railroad companies that put tracks through a canyon, pass, or narrow gap must allow other railroads to use that same route for their tracks too, including where tracks cross each other at the same level. Putting a railroad there must not force a wagon or other public road that existed on March 3, 1875, out of use, and it must not block building such a road when the public needs it. If a wagon road must be moved for the railroad, the railroad must rebuild it first, at its own cost, in the best nearby location and as good as the original. If more than one railroad uses the same canyon, they must split those rebuilding costs fairly.

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.

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Section repealed by Pub.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.

§935 Several Roads Through Canyons

Summary

Title 43, §935

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Savings Provision

Citations & Metadata