§ 357. Condemnation of lands under laws of States

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1901

   Pub. L. 56–832 § 3 · 31 Stat. 1058

   Enacted · 25 U.S.C. § 357

   (Mar. 3, 1901, ch. 832, § 3, 31 Stat. 1084.)

   Source evidence

   Code source credit
   (Mar. 3, 1901, ch. 832, § 3, 31 Stat. 1084.)

   Enacted provision · exact public law section
   Sec. 3. That the Secretary of the Interior is hereby authorized and Secretary of Interior may grant rights of way for telephones, etc., through Indian reservations, etc. empowered to grant a right of way, in the nature of an easement, for the construction, operation, and maintenance of telephone and telegraph lines and offices for general telephone and telegraph business through any Indian reservation, through any lands held by an Indian tribe or nation in the Indian Territory, through any lands reserved for an Indian agency or Indian school, or for other purpose in connection with the Indian service, or through any lands which have been allotted in severalty to any individual Indian under any law or treaty, but which have not been conveyed to the allottee with full power of alienation, upon the terms and conditions herein expressed. No such lines shall be constructed across Indian lands, as above mentioned, until authority therefor has first been obtained from the Secretary of the Interior, and the maps of definite location of the lines shall be subject to his approval. The compensation to be paid the tribes in their —damages. tribal capacity and the individual allottees for such right of way through their lands shall be determined in such manner as the Secretary of the Interior may direct, and shall be subject to his final approval; and where such lines are not subject to State or Territorial taxation Annual tax. the company or owner of the line shall pay to the Secretary of the Interior, for the use and benefit of the Indians, such annual tax as he may designate, not exceeding five dollars for each ten miles of line so constructed and maintained: and all such lines shall be constructed and Regulations. maintained under such rules and regulations as said Secretary may prescribe. But nothing herein contained shall be so construed as to No exemption from State tax. exempt the owners of such lines from the payment of any tax that may be lawfully assessed against them by either State, Territorial, or Regulating tolls reserved. Rights of towns on line of construction. municipal authority; and Congress hereby expressly reserves the right to regulate the tolls or charges for the transmission of messages over any lines constructed under the provisions of this Act: Provided, That incorporated cities and towns into or through which such telephone or telegraphic lines may be constructed shall have the power to regulate the manner of construction therein, and nothing herein contained shall be so construed as to deny the right of municipal taxation in such towns and cities. Condemnation of lands allotted in severalty authorized. That lands allotted in severalty to Indians may be condemned for any public purpose under the laws of the State or Territory where located in the same manner as land owned in fee may be condemned, and the money awarded as damages shall be paid to the allottee.

1 of 1 references resolved to an enrolled provision