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43 U.S.C. § 935Several roads through canyons

submitted 151 years ago by ch. 152 to r/title-43-PUBLIC-LANDS · 212 words · no verdicts yet

in plain englishAI-generated · not legal advice

A railroad using a canyon, pass, or defile may not block another railroad or necessary public roads. It must rebuild a displaced wagon road, with costs fairly divided among railroad companies using the passage.

A railroad whose right-of-way, track, or roadbed passes through a canyon, pass, or defile may not stop another railroad from using the same place for its road, including at a crossing at grade. The right-of-way may not make a wagon road or other public highway located there on March 3, 1875 fall out of use, or prevent a needed public road from being located there. If the railroad requires a wagon road to be moved, it must rebuild the road before entering its former ground, at its own expense, in the best location and as completely as the original. However, the expense must be fairly divided among all railroad companies occupying and using the same canyon, pass, or defile.
the actual law source: uscode.house.gov ↗public domain

Any railroad company whose right of way, or whose track or roadbed upon such right of way, passes through any canyon, pass, or defile, shall not prevent any other railroad company from the use and occupancy of the said canyon, pass, or defile, for the purposes of its road, in common with the road first located, on the crossing of other railroads at grade. And the location of such right of way through any canyon, pass, or defile shall not cause the disuse of any wagon or other public highway located therein on March 3, 1875, nor prevent the location through the same of any such wagon road or highway where such road or highway may be necessary for the public accommodation; and where any change in the location of such wagon road is necessary to permit the passage of such railroad through any canyon, pass, or defile, said railroad company shall before entering upon the ground occupied by such wagon road, cause the same to be reconstructed at its own expense in the most favorable location, and in as perfect a manner as the original road: Provided, That such expenses shall be equitably divided between any number of railroad companies occupying and using the same canyon, pass, or defile.

Source credit: (Mar. 3, 1875, ch. 152, § 2, 18 Stat. 482.)

history & why it existsrecord from the source credit
  • 1875Enacted · Act of Mar. 3, 1875, ch. 152 · 18 Stat. 482

A history note hasn’t been published yet. The record shows enactment by ch. 152 on 1875-03-03.

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