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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 43 U.S.C. § 935 Several roads through canyons us united_states_code code_section 43 PUBLIC LANDS 22 RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS 935 43 U.S.C. § 935 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/s935 data/legal/raw/us/code/title-43/usc43.xml dc74cb1ab90c99ffce3d8b2377368e34f2cdd7d197fb136fe9e5110002910af8 d46a16361aa9d10bbc4b27ea0561882d240801c965a2700a4b7cf5f02f552a5f 3ed8e9ea416bd23786f6dbd9727a2c2f5ef83f55559fe9812adff487f7489870 2026-07-04 official
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43 U.S.C. § 935 - Several roads through canyons

Text

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.

(Mar. 3, 1875, ch. 152, § 2, 18 Stat. 482.)

Notes

Statutory Notes and Related Subsidiaries

Repeal; Savings ProvisionSection repealed by Pub. L. 94579, title VII, § 706(a), Oct. 21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976, 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 Oct. 21, 1976, see section 701 of Pub. L. 94579, set out as a note under section 1701 of this title.