§ 888. — Selection by railroads of lands in lieu of lands entered subsequent to accrual of rights; title of settlers.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC888]
TITLE 43--PUBLIC LANDS
CHAPTER 21--GRANTS IN AID OF RAILROADS AND WAGON ROADS
Sec. 888. Selection by railroads of lands in lieu of lands
entered subsequent to accrual of rights; title of settlers
In the adjustment of all railroad land grants, whether made directly
to any railroad company or to any State for railroad purposes, if any of
the lands granted be found in the possession of an actual settler whose
entry or filing has been allowed under the preemption or homestead laws
of the United States subsequent to the time at which, by the decision of
the land office, the right of said road was declared to have attached to
such lands, the grantees, upon a proper relinquishment of the lands so
entered or filed for, shall be entitled to select an equal quantity of
other lands in lieu thereof from any of the public lands not mineral and
within the limits of the grant not otherwise appropriated at the date of
selection, to which they shall receive title the same as though
originally granted. And any such entries or filings thus relieved from
conflict may be perfected into complete title as if such lands had not
been granted: Provided, That nothing herein contained shall in any
manner be so construed as to enlarge or extend any grant to any such
railroad or to extend to lands reserved in any land grant made for
railroad purposes: And provided further, That this section shall not be
construed so as in any manner to confirm or legalize any decision or
ruling of the Interior Department under which lands have been certified
to any railroad company when such lands have been entered by a
preemption or homestead settler after the location of the line of the
road and prior to the notice to the local land office of the withdrawal
of such lands from market.
(June 22, 1874, ch. 400, 18 Stat. 194.)
Section Referred to in Other Sections
This section is referred to in sections 889, 903 of this title.
