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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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LegalText 43 U.S.C. § 888 Selection by railroads of lands in lieu of lands entered subsequent to accrual of rights; title of settlers us united_states_code code_section 43 PUBLIC LANDS 21 GRANTS IN AID OF RAILROADS AND WAGON ROADS 888 43 U.S.C. § 888 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc43@119-100.zip /us/usc/t43/s888 data/legal/raw/us/code/title-43/usc43.xml e0d4a5735e21cebae8be9436fe7a7bae334558ba1a3c9b069c4ef3750e7eb91a d46a16361aa9d10bbc4b27ea0561882d240801c965a2700a4b7cf5f02f552a5f bdc298d02c94999b6f6a22d5c697bb9f836d43970e2a4338ece52f84702d4e89 2026-07-04 official
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43 U.S.C. § 888 - Selection by railroads of lands in lieu of lands entered subsequent to accrual of rights; title of settlers

Text

In the adjustment of all railroad land grants, whether made directly to any railroad company or to any State for railroad purposes, if any of the lands granted be found in the possession of an actual settler whose entry or filing has been allowed under the preemption or homestead laws of the United States subsequent to the time at which, by the decision of the land office, the right of said road was declared to have attached to such lands, the grantees, upon a proper relinquishment of the lands so entered or filed for, shall be entitled to select an equal quantity of other lands in lieu thereof from any of the public lands not mineral and within the limits of the grant not otherwise appropriated at the date of selection, to which they shall receive title the same as though originally granted. And any such entries or filings thus relieved from conflict may be perfected into complete title as if such lands had not been granted: Provided, That nothing herein contained shall in any manner be so construed as to enlarge or extend any grant to any such railroad or to extend to lands reserved in any land grant made for railroad purposes: And provided further, That this section shall not be construed so as in any manner to confirm or legalize any decision or ruling of the Interior Department under which lands have been certified to any railroad company when such lands have been entered by a preemption or homestead settler after the location of the line of the road and prior to the notice to the local land office of the withdrawal of such lands from market.

(June 22, 1874, ch. 400, 18 Stat. 194.)