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Title 43 — Public Lands

Chapter 22 — Rights-of-Way and Other Easements in Public Lands

§ 936. Condemnation of private land

Statutory text

The legislature of the proper Territory may provide for the manner in which private lands and possessory claims on the public lands of the United States may be condemned; and where such provision shall not have been made, such condemnation may be made in accordance with section 3 of the act entitled “An Act to amend an Act entitled ‘An Act to aid in the construction of a railroad and telegraph line from the Missouri River to the Pacific Ocean, and to secure to the Government the use of the same for postal, military, and other purposes, approved ,’ ” approved [43 U.S.C. 942–3].

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. Pub. L. 43–152 § 3 · 18 Stat. 482

    Enacted · 43 U.S.C. § 936

    (Mar. 3, 1875, ch. 152, § 3, 18 Stat. 482.)

    Source evidence

    Code source credit
    (Mar. 3, 1875, ch. 152, § 3, 18 Stat. 482.)

    Enacted provision · exact public law section
    Sec. 3. That the legislature of the proper Territory may provide for Private lands and possessory claims, how condemned. the manner in which private lands and possessory claims on the public lands of the United States may be condemned; and where such provision shall not have been made, such condemnation may be made in 1864, c. 216, s. 3, v. 13, p. 357. accordance with section three of the act entitled “An act to aid in the construction of a railroad and telegraph line from the Missouri River to the Pacific Ocean, and to secure to the Government the use of the FORTY-THIRD CONGEESS. Sess. II. Ch. 152, 153. 1875. same for postal, military, and other purposes, approved July first, eighteen hundred and sixty-two,” approved July second, eighteen hundred and sixty-four.

1 of 1 references resolved to an enrolled provision

Statutory Notes and Related Subsidiaries

Repeal; Savings Provision

Section repealed by Pub. L. 94–579, title VII, § 706(a), , 90 Stat. 2793, effective on and after , 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. Such repeal not to be construed as terminating any valid lease, permit, patent, etc., existing on , see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.

Credits

(Mar. 3, 1875, ch. 152, § 3, 18 Stat. 482.)

Parsed from the official OLRC USLM XML in data/usc_all/usc43.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t43/s936