1999 US Code
Title 43 - PUBLIC LANDS
CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS
Sec. 935 - Several roads through canyons
View MetadataPublication Title | United States Code, 1994 Edition, Supplement 5, Title 43 - PUBLIC LANDS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 43 - PUBLIC LANDS CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS Sec. 935 - Several roads through canyons |
Contains | section 935 |
Date | 1999 |
Laws in Effect as of Date | January 23, 2000 |
Positive Law | No |
Disposition | standard |
Source Credit | Mar. 3, 1875, ch. 152, §2, 18 Stat. 482. |
Statutes at Large References | 18 Stat. 482 90 Stat. 2793 |
Public Law Reference | Public Law 94-579 |
§935. Several roads through canyons
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.
(Mar. 3, 1875, ch. 152, §2, 18 Stat. 482.)
Repeal of SectionSection repealed by Pub.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.
Savings ProvisionRepeal by Pub. L. 94–579 insofar as applicable to the issuance of rights-of-way 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.
Cross ReferencesPueblo Indians of New Mexico, application of section, see section 322 of Title 25, Indians.
Rights of several railroads running through canyons, passes, or defiles under this section made applicable to rights-of-way granted under sections 312 to 318 of Title 25, see section 316 of Title 25.
Rights of several railroads whose track or roadbed runs through canyons, passes, or defiles in Alaska, see section 942–2 of this title.
Section Referred to in Other SectionsThis section is referred to in sections 937, 938, 939, 940, 943, 944 of this title; title 25 section 316.
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