Sec. 3. Procedure
389 words·~2 min read·
/bill/114/hr/4313/ih/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A claimant asserting public acceptance of a right-of-way granted pursuant to R.S. 2477 must file a claim, which shall include supporting evidence and proof of the notice and reasonably attempted notice under subsection (c), within the 25-year period that shall commence to run on the next business day following the effective date of this Act. Except as provided by paragraph (2), the claim must be filed at the State or regional location as designated by the Secretary. If the land underlying the claimed R.S. 2477 right-of-way is subject to the ownership or control of the United States Department of Defense, evidence supporting the claim shall be filed with the commanding officer of the military installation or office having ownership or control of the underlying land, or at such other location as designated by the Secretary.
Claimant shall provide notice of the R.S. 2477 right-of-way claim by publishing a general summary of the claim, including the location and general description of the claimed R.S. 2477 right-of-way, in a newspaper authorized to publish public notice under the laws of the State where the longest lineal part of the claimed R.S. 2477 right-of-way is located, once per week for the two consecutive weeks immediately preceding the filing of the claim. Within the four consecutive weeks immediately following the filing of the claim, claimant shall additionally provide, or reasonably attempt to provide, written notice of the claim to all record owners of land underlying the claimed R.S. 2477 right-of-way, except the Federal Government, and to all owners of land contiguous to each edge of that claimed right-of-way.
Claimant’s reasonable attempt to provide such written notice is sufficient additional notice under this subsection if claimant verifies the reasonable attempt under claimant’s written oath or affirmation to that effect filed with the Secretary where the claim is filed. Failure to comply with subsections (a), (b), and
(c)is, on the first day following the time period in subsection (a), an automatic irrevocable abandonment of any R.S. 2477 right-of-way that has not been established by final judgment in a court of competent jurisdiction or final enforceable settlement agreement between claimant and the United States. The continuance authorized by section 6(b) shall not apply to this subsection. Any statute of limitations for documenting the right-of-way after such reservation is hereby waived except as provided in subsection (a).