Title 43, Public LandsRelease 119-102
§936 Condemnation of Private Land
Title 43 › CHAPTER 22 — RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS › § 936
Summary
The territory's legislature can make rules for how private land and possessory claims on U.S. public land can be taken by the government. If the territory has not made rules, those takings can be done under section 3 of the Act approved July 2, 1864 (which amends the Act approved July 1, 1862).
Full Legal Text
Title 43, §936
Public Lands, Source: USLM XML via OLRC
The legislature of the proper Territory may provide for the manner in which private lands and possessory claims on the public lands of the United States may be condemned; and where such provision shall not have been made, such condemnation may be made in accordance with section 3 of the act entitled “An Act to amend an Act entitled ‘An Act to aid in the construction of a railroad and telegraph line from the Missouri River to the Pacific Ocean, and to secure to the Government the use of the same for postal, military, and other purposes, approved July 1, 1862,’ ” approved July 2, 1864 [43 U.S.C. 942–3].
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Section repealed by Pub.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. § 936
Title 43, Public Lands
Last Updated
Aug 21, 2026
Release point: 119-102