43-U.S.C.-942-2
§942-2 – §942-2. Rights of Several Roads Through Canyons
Pathway
Title 43 > Chapter 22 > Section 942-2
Details
- Reference: Section 942-2
- Legend: §942-2 – §942-2. Rights of Several Roads Through Canyons
- USCode Year: 2013
Provision Content
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Section repealed by Pub.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.
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.
U.S. Encyclopedia of Law Coverage
Chapter 22 – Rights-of-Way and Other Easements In Public Lands in the Legal Encyclopedia: Public Lands
In this entry about Chapter 22 – Rights-of-Way and Other Easements In Public Lands, find legal reference material, bibliographies and premiere content related to public lands in the American Encyclopedia of Law, presenting a comprehensive view of the United States public lands-specific issues, written by authorities in the field.
43-U.S.C.-931C in the Legal Encyclopedia: Land
In this entry about 43-U.S.C.-931C, find legal reference material, bibliographies and premiere content related to land in the American Encyclopedia of Law, presenting a comprehensive view of the United States land-specific issues, written by authorities in the field.
43-U.S.C.-934 in the Legal Encyclopedia: Grants
In this entry about 43-U.S.C.-934, find legal reference material, bibliographies and premiere content related to grants in the American Encyclopedia of Law, presenting a comprehensive view of the United States grants-specific issues, written by authorities in the field.
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