PRIA, Government Policy, Made Personal

Summary

Railroads that run through a canyon, pass, or narrow gap must allow other railroads to use or share that same route or to cross at the same level. Putting a railroad through such a place must not stop an existing tramway, wagon road, or public highway from being used, and it must not block the building of one when the public needs it. If a railroad must move or change a tramway, wagon road, or highway to get through, the railroad must first rebuild it at its own cost in a better or equally good location and condition. Costs are shared fairly among all railroads using the same canyon. If space is tight, a U.S. district court can require the first railroad to let others cross its tracks on fair terms. All shippers must get equal treatment for freight, but Congress still may set rates for freight, passengers, and wharfage.

Title 43, §942–2

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 said canyon, pass, or defile for the purposes of its road, in common with the road first located, or 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 tramway, wagon road, or other public highway now located therein, nor prevent the location through the same of any such tramway, wagon road, or highway where such tramway, wagon road, or highway may be necessary for the public accommodation; and where any change in the location of such tramway, wagon road, or highway 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 tramway, wagon road, or highway, 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 or tramway: Provided, That such expenses shall be equitably divided between any number of railroad companies occupying and using the same canyon, pass, or defile, and that where the space is limited the United States district court shall require the road first constructed to allow any other railroad or tramway to pass over its track or tracks through such canyon, pass, or defile on such equitable basis as the said court may prescribe; and all shippers shall be entitled to equal accommodations as to the movement of their freight and without discrimination in favor of any person or corporation: Provided, That nothing herein shall be construed as depriving Congress of the right to regulate the charges for freight, passengers and wharfage.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 412 of Title 48, Territories and Insular Possessions.

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.

§942–2 Rights of Several Roads Through Canyons