The right of way through the public lands of the United States is granted to any railroad company duly organized under the laws of any State or Territory, except the District of Columbia, or by the Congress of the United States, which shall have filed with the Secretary of the Interior a copy of its articles of incorporation, and due proofs of its organization under the same, to the extent of one hundred feet on each side of the central line of said road; also the right to take, from the public lands adjacent to the line of said road, material, earth, stone, and timber necessary for the construction of said railroad; also ground adjacent to such right of way for station buildings, depots, machine shops, side tracks, turnouts, and water stations, not to exceed in amount twenty acres for each station, to the extent of one station for each ten miles of its road.
Notes of Decisions
Marvin M. Brandt Revocable Trust v. United States, 134 S. Ct. 1257 (2014).
· cites it 3× “Argued January 14, 2014—Decided March 10, 2014 Congress passed the General Railroad Right-of-Way Act of 1875 to pro- vide railroad companies “right[s] of way through the public lands of the United States,” 43 U. S. C. §934 . One such right of way, obtained by a railroad in 1908,…”
Union Pac. R.R. v. Santa Fe Pac. Pipelines, Inc., 231 Cal. App. 4th 134 (Cal. Ct. App. 2014).
· cites it 2× “482 , codified at 43 U.S.C. § 934 et seq.) Like the earlier acts in the 1860’s, this legislation provided the railroads with a right-of-way through the public lands for the construction of a railroad.”
Beres v. United States, 104 Fed. Cl. 408 (Fed. Cl. 2012).
· cites it 3× “482 , 43 U.S.C. § 934 et seq. (repealed in 1976), 2 (the 1875 Act), and its effect on plaintiffs Warren and Vicki Beres.”
Beres v. States, 64 Fed. Cl. 403 (Fed. Cl. 2005).
· cites it 2× “482 , 43 U.S.C. §§ 934 et seq. (repealed 1976) (the 1875 Act).”
State of Idaho v. Oregon Short Line R. Co., 617 F. Supp. 207 (D. Idaho 1985).
· cites it 2× “§ 912 applies to railroad rights-of-way granted under 43 U.S.C. § 934 et seq., the General Railway Rights-of-Way Act of 1875 (1875 Act).”
MacDonald v. United States, 119 F.2d 821 (9th Cir. 1941).
· cites it 4× “482 , 43 U.S.C.A. § 934 et *823 seq., [1] filed with the Department of the Interior a map of definite location of that portion of its road passing through Glacier County, Montana.”
Brown v. N. Hills Reg'l R.R. Auth., 2007 SD 49 (S.D. 2007).
· cites it 3× “] The railroad ROW was established by the General Railroad Right-of-Way Act of 1875 (1875 Act) (codified at 43 U.S.C. § 934 ), which granted right-of-way corridors across public lands to several railroads including the Fremont, Elkhorn, and Missouri Valley Railroad Company…”
Barney v. Burlington N. R.R., 490 N.W.2d 726 (S.D. 1992).
· cites it 2× “FACTS Congress under the provisions of the General Right-of-Way Act of 1875, 43 U.S.C. § 934 , 1 granted right-of-way corridors across public lands to the Grand Island and Wyoming Central; Burlington and Missouri; and Chicago Burlington and Quincy Railroads.”
Whipps Land & Cattle Co. v. Level 3 Commc'ns, LLC, 658 N.W.2d 258 (Neb. 2003).
“The Hitchcock County right-of-way was created by virtue of the General Railroad Right of Way Act of 1875 (hereinafter 1875 Act), 43 U.S.C. § 934 et seq. (2000). In State of Idaho v.”
Brown v. State, 924 P.2d 908 (Wash. 1996).
“The 1875 Act granted "right[s] of way through the public lands of the United States” where rail lines were already located or over which lines would be built in the future.”
Reis v. Miller, 1996 SD 75 (S.D. 1996).
· cites it 2× “2d at 730 (discussing railroad rights-of-way under the General Right-of-Way Act of 1875, 43 USC § 934 ). The trial court noted public easements are subject to the intent of Congress and are governed by state law, not the common law rules of easements.”
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