Title 43, Public LandsRelease 119-102

§940 Forfeiture of Rights Where Railroad Not Constructed in Five Years After Location

Title 43 › CHAPTER 22 — RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS › § 940

Last updated Aug 21, 2026|Official source

Summary

Any railroad right of way or station land given before February 25, 1909, under sections 934 to 939 will be canceled and go back to the United States for any parts of the line that had not been built, if the five-year building period after the road was located had already expired by that date. The United States becomes full owner again, free of the old railroad rights, without any extra transfer paperwork. People who received land from the United States before February 25, 1909 that had been subject to those grants automatically get the benefit of the cancellation. If construction was actually happening in good faith on February 25, 1909, those rights are left alone.

Full Legal Text

Title 43, §940

Public Lands, Source: USLM XML via OLRC

Each and every grant of right of way and station grounds made prior to February 25, 1909, to any railroad corporation under sections 934 to 939 of this title, where such railroad had not been constructed and the period of five years next following the location of said road, or any section thereof, had on that date expired, is declared forfeited to the United States, to the extent of any portion of such located line then remaining unconstructed, and the United States resumes the full title to the lands covered thereby free and discharged from such easement, and the forfeiture declared shall, without need of further assurance or conveyance, inure to the benefit of any owner or owners of land conveyed by the United States prior to such date subject to any such grant of right of way or station grounds: Provided, That no right of way on which construction was progressing in good faith on February 25, 1909, shall be in any wise affected, validated, or invalidated, by the provisions of this section.

Reference

Citations & Metadata

Citation

43 U.S.C. § 940

Title 43, Public Lands

Last Updated

Aug 21, 2026

Release point: 119-102