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43 U.S.C. § 935

Section 935 · Several roads through canyons

Amended 1 time on record

Applied in 5 court decisions — leading case 104 Fed. Cl. 408 - Beres v. United States (2012)

Most recently applied in Alaska Railroad Corporation v. Flying Crown Subdivision Addition No. 1 & No. 2 (December 2023)

How often courts cite this section

187519001925195019752000202320ch. 152enacted · 1875 · ch. 152104 Fed. Cl. 408 - Beres v. United Statesleading · 2012 · 104 Fed. Cl. 408 - Beres v. United States
citing decisions per year

Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

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.

Editorial notes U.S. Code · Office of the Law Revision Counsel

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Section repealed by Pub.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.

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.

Cross References

Pueblo Indians of New Mexico, application of section, see section 322 of Title 25, Indians.

Rights of several railroads running through canyons, passes, or defiles under this section made applicable to rights-of-way granted under sections 312 to 318 of Title 25, see section 316 of Title 25.

Rights of several railroads whose track or roadbed runs through canyons, passes, or defiles in Alaska, see section 942–2 of this title.

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