--- kind: "range" citation: "43 U.S.C. §§ 934–939" title: "43" from: "934" to: "939" count: 6 release: "119-102" url: "https://uscodex.org/usc/43/934..939" --- # §934. Right of way through public lands granted to railroads The right of way through the [public lands](/usc/43/155.md?p=1) of the United States is granted to any railroad company duly organized under the laws of any [State](/usc/43/31b.md?p=8) or Territory, except the District of Columbia, or by the Congress of the United States, which shall have filed with the [Secretary](/usc/43/31b.md?p=7) of the Interior a copy of its articles of incorporation, and due proofs of its organization under the same, to the extent of one hundred feet on each side of the central line of said road; also the right to take, from the [public lands](/usc/43/155.md?p=1) adjacent to the line of said road, material, earth, stone, and timber necessary for the construction of said railroad; also ground adjacent to such right of way for station buildings, depots, machine shops, side tracks, turnouts, and water stations, not to exceed in amount twenty acres for each station, to the extent of one station for each ten miles of its road. # §935. Several roads through canyons 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. # §936. Condemnation of private land The legislature of the proper Territory may provide for the manner in which private lands and possessory claims on the [public lands](/usc/43/155.md?p=1) 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](/usc/43/3.md) 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 July 1, 1862,’ ” approved July 2, 1864 [[43 U.S.C. 942–3](/usc/43/942–3.md)]. # §937. Filing profile of road; forfeiture of rights Any railroad company desiring to secure the benefits of [sections 934 to 939](/usc/43/934..939.md) of this title, shall, within twelve months after the location of any section of twenty miles of its road, if the same be upon surveyed lands, and, if upon unsurveyed lands, within twelve months after the [survey](/usc/43/31b.md?p=10) thereof by the United States, file with the officer, as the [Secretary](/usc/43/31b.md?p=7) of the Interior may designate, of the land office for the [district](/usc/43/316a.md?p=2) where such land is located a profile of its road; and upon approval thereof by the [Secretary](/usc/43/31b.md?p=7) of the Interior the same shall be noted upon the plats in said office; and thereafter all such lands over which such right of way shall pass shall be disposed of subject to such right of way: Provided, That if any section of said road shall not be completed within five years after the location of said section, the rights herein granted shall be forfeited as to any such uncompleted section of said road. # §938. Lands excepted [Sections 934 to 939](/usc/43/934..939.md) of this title shall not apply to any lands within the limits of any military, park, or Indian reservation, or other lands especially reserved from sale, unless such right of way shall be provided for by treaty-stipulation or by Act of Congress passed prior to March 3, 1875. # §939. Alteration, amendment, or repeal Congress reserves the right at any time to alter, amend, or repeal [sections 934 to 939](/usc/43/934..939.md) of this title, or any part thereof.