§ 935. — Several roads through canyons.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC935]
TITLE 43--PUBLIC LANDS
CHAPTER 22--RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS
Sec. 935. 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 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.
(Mar. 3, 1875, ch. 152, Sec. 2, 18 Stat. 482.)
Repeal of Section
Section repealed by Pub. L. 94-579, title VII, Sec. 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.
Savings Provision
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 937, 938, 939, 940, 943, 944
of this title; title 25 section 316.
