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U.S. Code, Title 43, Public Lands
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General SummaryThe U.S. Code is a consolidation and codification by subject matter of the general and permanent laws of the United States. While every effort has been made to ensure that this reproduction of the Code is accurate, those using it for legal purposes should verify their results against the printed version of the Code available through the Government Printing Office.
§ 942–2. Rights of Several Roads Through Canyons
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 said canyon, pass, or defile for the purposes of its road, in common with the road first located, or 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 tramway, wagon road, or other public highway now located therein, nor prevent the location through the same of any such tramway, wagon road, or highway where such tramway, wagon road, or highway may be necessary for the public accommodation; and where any change in the location of such tramway, wagon road, or highway 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 tramway, wagon road, or highway, 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 or tramway: Provided, That such expenses shall be equitably divided between any number of railroad companies occupying and using the same canyon, pass, or defile, and that where the space is limited the United States district court shall require the road first constructed to allow any other railroad or tramway to pass over its track or tracks through such canyon, pass, or defile on such equitable basis as the said court may prescribe; and all shippers shall be entitled to equal accommodations as to the movement of their freight and without discrimination in favor of any person or corporation: Provided, That nothing herein shall be construed as depriving Congress of the right to regulate the charges for freight, passengers and wharfage.
(May 14, 1898, ch. 299, § 3, 30 Stat. 410.)
Repeal of Section
Section repealed by Pub. L. 94–579, title VII, § 706(a), Oct. 21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976, insofar as applicable to the issuance of rights-of-way over, upon, under, and through the public lands and lands in the National Forest System.
Codification
Section was formerly classified to section 412 of Title 48, Territories and Insular Possessions.
Repeal by Pub. L. 94–579 insofar as applicable to the issuance of rights-of-way not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.
Section Referred to in Other Sections
This section is referred to in sections 942–1, 942–3, 942–4, 942–5, 942–6, 942–7, 942–8 of this title; title 16 section 3215.
Contents:
Chicago: "U.S. Congress, Office of the Law Revision Counsel", "§ 942– 2. Rights of Several Roads Through Canyons," U.S. Code, Title 43, Public Lands in U.S. Code, Title 43, Public Lands (Washington, D.C.: Government Printing Office, 2002), Original Sources, accessed December 10, 2024, http://www.originalsources.com/Document.aspx?DocID=8P6B1U9U8KK5VU8.
MLA: "U.S. Congress, Office of the Law Revision Counsel". "§ 942– 2. Rights of Several Roads Through Canyons." U.S. Code, Title 43, Public Lands, in U.S. Code, Title 43, Public Lands, Washington, D.C., Government Printing Office, 2002, Original Sources. 10 Dec. 2024. http://www.originalsources.com/Document.aspx?DocID=8P6B1U9U8KK5VU8.
Harvard: "U.S. Congress, Office of the Law Revision Counsel", '§ 942– 2. Rights of Several Roads Through Canyons' in U.S. Code, Title 43, Public Lands. cited in 2002, U.S. Code, Title 43, Public Lands, Government Printing Office, Washington, D.C.. Original Sources, retrieved 10 December 2024, from http://www.originalsources.com/Document.aspx?DocID=8P6B1U9U8KK5VU8.
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