43 U.S.C. § 944
Right of way in Oklahoma and Arizona
Where, under sections 934 to 939 of this title, or under special Acts of Congress, or under the laws of the former Territories of Oklahoma and Arizona, railroads have been constructed and were on
Notes of Decisions
Cited in 3
cases, 1942–1957 · leading case: United States v. Oklahoma Gas & Elec. Co., 127 F.2d 349 (10th Cir. 1942).
United States v. Oklahoma Gas & Elec. Co., 127 F.2d 349 (10th Cir. 1942). “481 , 43 U.S.C.A. § 944 . “The Secretary of the Interior is authorized and empowered, under general regulations to be fixed by him, to permit the use of right of way to the extent of twenty-five feet, together with the use of necessary ground, not exceeding forty acres, upon the…”
Cont'l Oil Co. v. Chicago & North W. Ry. Co., 148 F. Supp. 411 (D. Wyo. 1957). “Also on June 26, 1906 [ 43 U.S.C.A. § 944 ], an act was passed confirming the rights of way which certain railroads had acquired under the 1875 Act in the Territories of Oklahoma and Arizona.”
Missouri-Kansas-Texas R. v. Ray, 177 F.2d 454 (10th Cir. 1949). “It follows that by the condemnation proceeding, the only right the Railroad Company acquired was the interest of the Territory under § 36, supra. It is urged that the Railroad Company, by the condemnation proceeding, sought to acquire, and paid compensation for, the fee and that…”
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