709 aww es. Soc.
- 17. Regulations.
$18. Amendment or repeal of sections.
- .z!·. Rights of way for telephone and telegraph lines. l
-:30 Acquisition of lands for reservoirs or materials.; ·:21. Rights oi way for pipe lined. ` Section 811. Opening lilghwnys.—·'1‘he Secvetary of the Inrwiur is authorised to grant permission, up0n‘c6mplld~uce_$yfi_tl1 ,u.·h requirements as; he may- deem necessary, to the proper State or local authorities for the opening and` establishment of pumic lmzhways, ir; occordaxace with the laws of the Statclbt ’l‘0z·x·lt0ry lu which thé lands are situated; through any Indian h rTarmstroBot (talk)rx·0.tion 01- through any lands which have been allotted in <l·¤·<·mlty to any individual Indian under any laws or treaties my whlc·l1`.have not been conveyed to_ tho allotted with "full
- .,.~,·,·0;· of alienation. (Mali. 3,1901, c. S32, § 4, 81 Stat. 1084.)
312. Rights of way for railway, telcgrhph and telephone lines; towmsitc statimis.-—+A"i·ight of way for a railway, tele-
- m{»h and telephone line through any Indian reservation tp
my State or Territory, except Oklahoma, or through ._·any i;mds· r<esérvod‘ for an Indian agency or for othof purposes ln <·~·l§l1t‘(‘Il0l'l with the Indian scrvléc, or through any lands whlch lzlw been allotted in soveralty to any individual. Indian under wg; lem- or treaty, but whloh have not been conveyed to the néloxtcc with full power ot alienation, is granted tommy rallsmzul c0mpany_0rgaulmd under the laws ot the·1United States .0- of any State or Territory, yvlllch shall comply wltbthé pro ations of sections 312 to 318 inclusive and such ruled and reguluziugas as may be presérlbéd thereunder: Provided, That uc
- ·E;
- hrx of way shall be granted under said sections until the
i<t···r0t:ary of the Intétlor is sdtlsiicd that. the company applying has made said- qppllcation in good faith and with intent and ability t0` constfdct said mod, and ln· case objection t0‘ the · smmting of such. right cfg way sh0ll__be made, said ;S0crétar5 slmll afford the parties so. objecting si full opportunity rtd be i llwlrd: Provided further, Tl1at_whore·d railroad has hereto fom been constructed,. or is in actual course of construction rm parallel right of way within “tm1‘_Hllles on either side shall lm granted by the Secretary of the interior unless, in hl: opinion, Iiublic interut 'wlll be promoted thereby: Providee am:. That os I condition precedent tofeach andlovcry grant 0: a_ right of way undgr authority ot said `sectlpus, each ant vvory railway ccmpmly applying for such grdnt shall stlpu km- that it will coustrmt arid permanently- maintain suitdble · rmszoongor and freight stations for the convenience ot each am
- ·v•<·ry town site [established by the Government nloog salt
right of way. (Mar. 2, 1@9, 0. 374, § 1, 80 Stat. 990; Feb. 28 7* 1962, 0, 134,‘§ Q, 32 Stat. 50; June 25, 1910, c. 431, { 16 $%#l‘$=t¤t.S.’S9.) - s " , 4 l ""` ‘ — l 313. WMQ of rlglat of way.-Such rlghtmf way shall no ¢·xt·ood fifty fmt lu width on éach side' of the center liné 01 the toad, except who:·o,thor0· aro`l1oavy· outs and mls, what it shall not exceed osg llundrod foot li; width 0:: ouch side 01 tlloxoad, dbd may include grounds adjacent thereto for statlm buildings, depotq mamma 5h—0ps,°·sldo·trgcks,_ tujmouts, 8,Ilt xmtor stdtioos, notto exceed two hundred foot in width by z lluiih _01' three thoumnd loot, and not than one statlm to be located within any ono continuous length of ten mllcs 0; mad. (Mar. 2, 1895, c. 374, { 2, 30 Stat. 990·;.Ju¤o 21, 1906 c. 2004, stsmi-—m.>» - » ’ ‘ f 3lC Bowel; ROM; compe.¤¤t$o;¤.—-'1l‘lile dino ot route 0 said road may be sqryéyed gud lomtod ·tbr0¤gh and acrosl iw? of, mid lands nt any gtlme, upoh pcrmimlon therefor helm obtaimd from . the Socretagy of tho Interior: but bcjforé tbl grant of wh rlghtyof way shall bwomo. o£ectiv0 a ::1109*01 thostxrvey of tho lluoor rmite of mid road mmt be Bled wit! and approved by the Secretary of the Interior, and thocom may make pqymont to tho Secfotary ot the Interior {0: the benedt of tho ulléé or nation, of full `compoxlmtion for suc] \
.—t—INDIA.N8 § 318 rlxht of way, including all damage to improvements and ndjlaceut lands, which compensation shall be determined and paid under the direction of the Secretary of the Interior, in such manner es he may prescribe. Before any such railroad shall be constructed through guy land, claim, or improvement, . held by individual occupants or nllottees in pursuance of any _ treetiee or laws of the United States, compensation shall be Ft inode; suchoccupant or allottee tornll property to be token, 5 or damnit? done,\p5§ reason of the ooziétructiod of such rail· · road.- In case of feilnré1to·make,_nmiceble settlement with any , such occupant or allottee, such coziipensation shall be deter- , ·mined by the nppraisement ofthree tlisinterested referees, to
- ‘be appointed by the Secretary of the Interior, who, before
Q entering *up011 thedutleoof their apD0i¤fm€¤t, shall ¢=¤k¤d¤P<l .— subscribe before competent `authority an oath that they will » Iaithfully and impnrtielly dlschnrge the dnties of their ap» t pointment, which oath, duly certified, shall be returned with I thel1·‘awa,rd to the {Secretary of the Interior. If the referees · cen not agree, then any two ot them ere authorized to make n the award. Either party being dissatiened with the Ending [ of the referees shell have · the right within sixty days after r, the making- of the award and notice of the some, to appeal,
- - it said land is situated in any State or Territory other than
· Oklahoma, ito `the United States district court for snob. State`,. , or Territory, where the; cdse shall he tried de novo end the - judgment for damages rendered by the court. shall be fmnl and - conclusive. _ _. ~ . ‘ >· I When proceedings are commenced in court as aforesaid, the
- · railroed company ‘shall deposit the amount of the award made
- by thereferces with the court to abide the judgment thereof,
I hand thexrhare the right to enter upon the property sought to at be condemned and Yproceed with the construction of the relb r wny. I·}ach_-ot the referees shall receive for his compensation a· the slim of ($4 per day while engaged in. the hearing of any -_ case submitted to them under sections 812 to 318 tinclusirc. ,‘ Witnesses ehall. receive the fees‘ usually allowed by courte l within the districttwhere such lend isylocnted. Costs, including 3 compensation of thereferees, shall be made wrt of the eward l `or judgment, and be paid bye snchirulroed compwy. (Mor. 2, I! 1899, c. 374, §‘ 3, Stat. 991 ;` Feb. 1902, c. 134, I 23, 32 1 Stat. 50.) _ — e a ~ 315.»Tiqe,‘ for completion of forfeiture.-It any such B company. shall jail to and out in opergtion one-tenth 1 ot its entire line in one year, or to complete its road within in three years after the approval of its map oflocetion by the i. Secretary) of the ‘Iuterior,~the right ot was hereby granted shall § be deemed forfeited and abandoned ipso iecto as to thnt portion
ot the road; not then cons-trncted and in operation: Provided,
tt That the Secretnrymey, when he deemwproper, extend, for s I period not exceeding two years, the for the completion ot 1 any road for which right ot wgy has been granted and e part I of which shell have been built. (Har. 2, 1%, c. 874, § 4, 30 1 Still. _` j i · _ l " 316. Rights of several; rude through B¤yem.—-·The provi- 1 sions of Section 983-of Title 43‘releting to the rights of several 2 railroads through my canyon, pass, or dome ere extended and t made applicable to rights of way granted under sections 312 to i, 318, flnclnsive, and to. railroad companies obtaining such rights of way}. (Mar. 2, 1&9,` c. 374, {6, 30 Smt. QQ2.) I 317. Reg¤htiom.—·y—The Secretary ot the Interior shall make s ell needful rules and ·reg11letions, not inconsistent herewith, tor g the proper execution and carrying into e¤ect of all the provle sions ·o£ sections 312 to 318.’i¤elnsivje, ot this chapter. (Mar. f » 2, 1®9, c. 374, § 7, 30_Stnt. W2.) · · . n ,, 318. Apendment or repeal of _ eectionn.—·Congreos hereby t· reserves theright at any time to alter, amend, or repeal the six r nreceding sections or any portion thereof. (Mar. 2.:_189Q,‘é. -374,; tx- Q 8. 30 Stnt. 892.) Q `
