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to improvements and adjacent lands, which compensation shall be determined and paid under the direction of the Secretary of the Interior, in such manner as he may prescribe. Before any such railroad shall be constructed through any land, claim, or improvement, held by individual occupants or allottees in pursuance of any treaties or laws of the United States, compensation shall be made to such occupant or allottee for all property to be taken, or damage done, by reason of the construction of such railroad. In case of failure to make amicable settlement
with any such occupant or allottee, such compensation Appraisal shall be determined by the appraisement of three disin
terested referees, to be appointed by the Secretary of the Interior, who, before entering upon the duties of their appointment, shall take and subscribe before competent authority an oath that they will faithfully and impartially discharge the duties of their appointment, which oath, duly certified, shall be returned with their award to the Secretary of the Interior. If the referees can not agree, then any two of them are authorized to make the award. Either party being dissatisfied with the finding of the referees shall have the right within sixty days
after the making of the award and notice of the same, Appeal. to appeal, in case the land in question is in the Indian
Territory, by original petition to the United States court in the Indian Territory sitting at the place nearest and most convenient to the property sought to be condemned; and if said land is situated in any State or Territory other than the Indian Territory, then to the United States district court for such State or Territory, where the case shall be tried de novo and the judgment for
damages rendered by the court shall be final and conConstruction to clusive. When proceedings are commenced in court as posit of the aforesaid, the railroad company shall deposit the amount award.
of the award made by the referees with the court to abide the judgment thereof, and then have the right to enter upon the property sought to be condemned and proceed with the construction of the railway. Each of the referees shall receive for his compensation the sum of four
dollars per day while engaged in the hearing of any case Fees, costs, ete. submitted to them under this Act. Witnesses shall re
ceive the fees usually allowed by courts within the district where such land is located. Costs, including compensation of the referees, shall be made part of the award or judgment, and be paid by such railroad com
pany. Construction, Sec. 4. That if any such company shall fail to construct forfeiture, etc.
and put in operation one-tenth of its entire line in one year, or to complete its road within three years after the approval of its map of location by the Secretary of the Interior, the right of way hereby granted shall be deemed forfeited and abandoned ipso facto as to that portion of the road not then constructed and in operation : Pro
vided, That the Secretary may, when he deems proper, Extension of extend, for a period not exceeding two years, the time for time for complethe completion of any road for which right of way has been granted and a part of which shall have been built.
SEC. 5. That where a railroad is constructed under the Annual rental. provisions of this Act through the Indian Territory there shall be paid by the railroad company to the Secretary of the Interior, for the benefit of the particular nation or tribe through whose lands the road may be located, such an annual charge as may be prescribed by the Secretary of the Interior, not less than fifteen dollars for each mile of road, the same to be paid so long as said land shall be owned and occupied by such nation or tribe, which payment shall be in addition to the compensation otherwise required herein. And within the Indian Territory upon any railroad constructed under the provisions of this Act the rates and charges for passenger and freight service, if Passenger and not otherwise prescribed by law,
may be prescribed by the freighteraites: InSecretary of the Interior from time to time, and the grants herein are made upon condition that the companies shall transport mails whenever required to do so by the Post-Office Department.
SEC. 6. That the provisions of section two of the Act of Railroad rights March third, eighteen hundred and seventy-five, entitled on public lands. “ An Act granting to railroads the right of way through the public lands of the United States," are hereby extended and made applicable to rights of way granted under this Act and to railroad companies obtaining such rights of way.
Sec. 7. That the Secretary of the Interior shall make Regulations. all needful rules and regulations, not inconsistent herewith, for the proper execution and carrying into effect of all the provisions of this Act.
SEC. 8. That Congress hereby reserves the right at any time to alter, amend, or repeal this Act, or any portion thereof.
Approved, March 2, 1899 (30 Stat. 990).
An Act To provide for determining the heirs of deceased Indians, for
the disposition and sale of allotments of deceased Indians, for the leasing of allotments, and for other purposes.
Sec. 16. That section one of the Act entitled “ An Act Right of war to provide for the acquiring of rights of way by railroad lands. companies through Indian reservations, Indían lands, and Indian allotments, and for other purposes," approved March second, eighteen hundred and ninety-nine, be, and the same hereby is, amended by adding thereto the following:
- Provided also, That as a condition precedent to each quired on town and every grant of a right of way under authority of this sites. Act, each and every railway company applying for such grant shall stipulate that it will construct and perma
nently maintain suitable passenger and freight stations for the convenience of each and every town site established by the Government along said right of way.
Approved, June 25, 1910 (36 Stat. 855).
Extract from the Indian appropriation Act, approved June 21, 1906
(34 Stat. 325-330).
Right of way That section two of an Act of Congress entitled " An through Indian lands. Act to provide for the acquiring of rights of way of
railroad companies through Indian reservations, Indian lands, and Indian allotments, and for other purposes," approved March second, eighteen hundred and ninetynine, be, and the same hereby is, amended so as to read as follows:
Sec. 2. That such right of way shall not exceed fifty feet in width on each side of the center line of the road, except where there are heavy cuts and fills, when it shall
not exceed one hundred feet in width on each side of the For stations, road and may include grounds adjacent thereto for staetc., increased.
tion buildings, depots, machine shops, side tracks, turnouts, and water stations, not to exceed two hundred feet in width by a length of three thousand feet, and not more than one station to be located within any one continuous length of ten miles of road.”
DISPOSITION OF PART OF RIGHT OF WAY.
An Act Authorizing certain railroad companies, or their successors
in interest, to convey for public-road purposes certain parts of their rights of way.
Be it enacted by the Senate and House of RepresentaPublie lands. tives of the United States of America in Congress assem
Railroad com. Bled, That all railroad companies to which grants for Ver portion of rights of way through the public lands have been made for highways, etc: by Congress, or their successors in interest or assigns,
are hereby authorized to convey to any State, county, or
municipality any portion of such right of way to be used Proviso. Limit.
as a public highway or street: Provided, That no such conveyance shall have the effect to diminish the right of way of such railroad company to a less width than fifty feet on each side of the center of the main track of the railroad as now established and maintained.
Approved, May 25, 1920 (41 Stat. 621).
An Act To provide for the disposition of abandoned portions of
rights of way granted to railroad companies.
owners of land occupied when
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever public lands of the United Public lands. States have been or may be granted to any railroad etc: granted to company for use as a right of way for its railroad or transferred to as sites for railroad structures of any kind, and use and occupancy of said lands for such purposes has abandoned. ceased or shall hereafter cease, whether by forfeiture or by abandonment by said railroad company declared or decreed by a court of competent jurisdiction or by Act of Congress, then and thereupon all right, title, interest, and estate of the United States in said' lands shall, except such part thereof as may be embraced in a public highway legally established within one year after the date of said decree or forfeiture or abandonment be transferred to and vested in any person, firm, or corporation, assigns, or successors in title and interest to whom or to which title of the United States may have been or may be granted, conveying or purporting to convey the whole of the legal subdivision or subdivisions traversed or occupied by such railroad or railroad structures of any kind as aforesaid, except lands within a municipality the title to which, upon for- Lands in a mu: feiture or abandonment, as herein provided, shall vest ed. in such municipality, and this by virtue of the patent thereto and without the necessity of any other or further conveyance or assurance of any kind or nature whatsoever: Provided, That this Act shall not affect conveyances made by any railroad company of portions of revalid prior con: its right of way if such conveyance be among those fected. which have been or may hereafter and before such forfeiture or abandonment be validated and confirmed by any Act of Congress; nor shall this Act affect any pub- Highways not lic highway now on said right of way: Provided further, That the transfer of such lands shall be subject Mineral 11ghts to and contain reservations in favor of the United States reserved. of all oil, gas, and other minerals in the land so transferred and conveyed, with the right to prospect for, mine, and remove same.
Approved, March 8, 1922 (42 Stat. 414).
424 424 425
425 427 427 427
For town sites within Government reclamation projects, see “ Town
sites". Act of June 17, 1902—Reclamation of arid lands-Construction of works-
Withdrawal and restoration of lands-Water-right charges-Lands in
private ownership-Interstate streams.Act of February 8, 1905–Use of stone and timber on public lands for
irrigation work Act of February 9, 1905-Raising the levels of certain lakes in California
submitting proof on desert entries.-
unit and charges are fixed.--
posesAct of February 13, 1911--Withdrawal and changes of public notices
relinquished, subject to entry--
right charges-Penalties for nonpayment-Reclamation requirements-When lands subject to entry-New projects-Assignment of excess
farm units-Acceptance of act--
tember 13, 1914.
431 432 433 434 433 43. 437
4.33 453 436