Volume 10 · 29
Public Law 32–LXXX
grant the Right of Way to all Rail and Plank Roads and Macadamized Turnpikes passing through the Public Land belonging to the United States.
Approved August 4, 1852
Statutory text
An Act
grant the Right of Way to all Rail and Plank Roads and Macadamized Turnpikes passing through the Public Land belonging to the United States.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Right of way granted throughthe public lands granted to all railroads, &c chartered by any of the States within ten years, with authority to cross the public lands.
That the right of way shall be, and is hereby granted to all rail and plank road, or Macadamized turnpike companies that are now or that may be chartered within ten years hereafter, over and through any of the public lands of the United States, over which any rail or plank road or Macadamized turnpikes are or may be authorized by an act of the legislature of the respective States in which public lauds may be situated and the said company or companies are hereby authorized to survey and mark through the said public lands, to be held by them for the track of said
Proviso.
road, one hundred feet in width: Provided, That in case where deep excavation or heavy embankment is required for the grade of such road, then at such places a greater width may be taken by such company, if necessary, not exceeding in the whole two hundred feet.
Sec. 2.
And be it further enacted,
Said companies may take materials, &c., from the public lands.
That the said company or companies shall have the right to take from the public lands, in the vicinity of said road or roads, all such materials of earth, stone, or wood, as may he necessary or convenient, from time to time, for the first construction of said road or roads, or any part thereof, through said land.
Sec. 3.
And be it further enacted,
Sites for depots, &c, also granted.
That there shall be, and is hereby granted to said company or companies, all necessary sites for watering places, depots, and workshops along the hue of said road or roads, so far as
Proviso.
the places convenient for the same may fall upon the public lands: Provided, That no one depot or watering place shall contain over one square acre, and that said sites shall not be nearer to each other than ten miles along the line or lines of said road or roads: Provided further, That the
The above grants to cease, unless the roads ae begun within ten and finished within fifteen years from the passage of this act.
said grants herein contained, as well of the use of the public lands, as of the materials for the construction of said road or roads shall cease and determine, unless the road or roads be begun within ten years from and after the passage of this act, and completed within fifteen years thereafter: And provided moreover, That if any road, at any time after its completion, be discontinued or abandoned by said company or companies,
If the roads are discontinued, the grants to revert.
the grants hereby made shall cease and determine, and said lands hereby granted, revert back to the general government: Provided further, That when a location for either of said railroads or plank roads, Macadamized
Location to be filed, &c.
turnpikes, or sites for depots on the line of such road or roads shall be selected, the proper officers of such road or roads shall transmit to the Commissioner of the General Land-Office a correct plat of the survey of said road or roads, together with the survey of sites for depots
The above grants to apply only to certain lands.
before such selection shall become operative: Provided further, That none of the foregoing provisions of this act shall apply to, or authorize any rights in any lands of the United States other than such as are held for private entry and sale, and such as are unsurveyed and not held for public use by erection or improvements thereon.
THIRTY-SECOND CONGRESS. Sess. I. Ch. 81. 1852.
Sec. 4.
And be it further enacted, That the right of way through
Right of way granted to the Lockport and Buffalo Railroad Company.
the public lands of the United States lying in Black Rock, in the county of Eric and State of New York, he, and the same is hereby granted to the Lockport and Buffalo Railroad Company: Provided, That in the opinion
Proviso.
of the President of the United States such grant be not injurious to the public interest, and that the location shall be approved by the President as to the position and width of the said railroad: And provided further,
Proviso.
That if the said railroad shall not be completed within two years, or if at any time after its completion, the said railroad be discontinued or abandoned, the grant shall cease and determine.
Approved, .