Chapter 94. To provide for the disposition of abandoned portions of rights of way granted to railroad companies
415 words·~2 min read·
/statutes-at-large/vol-42/chapter-94-1854512·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 94.— An Act To provide for the disposition of abandoned portions of rights of way granted to railroad companies. March 8, 1922.[[H. R. 244](/us/bill/67/hr/244).][[Public, No. 163](/us/pl/67/163).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Public lands.Rights of way, etc., granted to railroads on, transferred to owners of land occupied when abandoned. That whenever public lands of the United States have been or may be granted to any railroad company for use as a right of way for its railroad or as sites for railroad structures of any kind, and use and occupancy of said lands for such purposes has ceased or shall hereafter cease, whether by for-415feiture 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 forfeitureLands in a municipality excepted. or abandonment, as herein provided, shall vest 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*Provisos*.Valid prior conveyances not affected. made by any railroad company of portions of its right of way if such conveyance be among those 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 public highway now onHighways not affected. said right of way: *Provided further*, That the transfer of such landsMineral rights reserved. shall be subject to and contain reservations in favor of the United States of all oil, gas, and other minerals in the land so transferred and conveyed, with the light to prospect for, mine, and remove same.
Approved, March 8, 1922.