§ 942-2. — Rights of 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: 43USC942-2]
TITLE 43--PUBLIC LANDS
CHAPTER 22--RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS
Sec. 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, Sec. 3, 30 Stat. 410.)
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Section repealed by Pub.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.
Codification
Section was formerly classified to section 412 of Title 48,
Territories and Insular Possessions.
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 942-1, 942-3, 942-4, 942-5,
942-6, 942-7, 942-8 of this title; title 16 section 3215.
