H. R. 1183

One Hundred Third Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-fifth day of January, one thousand nine hundred and ninety-four

An Act

To validate conveyances of certain lands in the State of California that form part

of the right-of-way granted by the United States to the Central Pacific Railway

Company.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Railroad Right-of-Way Conveyance Validation Act’’.

SEC. 2. VALIDATION OF CONVEYANCES.

Except as provided in section 5, the conveyances described

in section 3 (involving certain lands in Nevada County, State of

California) and section 4 (involving certain lands in San Joaquin

County, State of California) concerning lands that form parts of

the right-of-way granted by the United States to the Central Pacific

Railway Company in 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 same for Postal, Military, and Other Purposes’’, approved

July 1, 1862 (12 Stat. 489), hereby are legalized, validated, and

confirmed, as far as any interest of the United States in such

lands is concerned, with the same force and effect as if the land

involved in each such conveyance had been held, on the date of

such conveyance, under absolute fee simple title by the grantor

of such land.

SEC. 3. CONVEYANCES OF LANDS IN NEVADA COUNTY, STATE OF

CALIFORNIA.

The conveyances of land in Nevada County, State of California,

referred to in section 2 are as follows:

(1) The conveyances entered into between the Southern

Pacific Transportation Company, grantor, and David G. ‘‘Otis’’

Kantz and Virginia Thomas Bills Kantz, husband and wife,

as joint tenants, grantees, recorded June 10, 1987, as

instrument number 87–15995 in the official records of the

county of Nevada.

(2) The conveyance entered into between the Southern

Pacific Transportation Company, grantor, and Antone Silva

and Martha E. Silva, his wife, grantees, recorded June 10,

1987, as instrument number 87–15996 in the official records

of the county of Nevada.

(3) The conveyance entered into between the Southern

Pacific Transportation Company, grantor, and Charlie D.
H. R. 1183—2

Roeschen and Renee Roeschen, husband and wife as joint tenants, grantees, recorded June 10, 1987, as instrument number

87–15997 in the official records of the county of Nevada.

(4) The conveyance entered into between the Southern

Pacific Transportation Company, grantor, and Manuel F.

Nevarez and Margarita Nevarez, his wife, as joint tenants,

grantees, recorded June 10, 1987, as instrument number 87–

15998 in the official records of the county of Nevada.

(5) The conveyance entered into between the Southern

Pacific Transportation Company, grantor, and Susan P. Summers, grantee, recorded June 10, 1987, as instrument number

87–15999 in the official records of the county of Nevada.

(6) The conveyance entered into between the Southern

Pacific Transportation Company, grantor, and James L. Porter,

a single man, as his sole and separate property, grantee,

recorded June 10, 1987, as instrument number 87–16000 in

the official records of the county of Nevada.

(7) The conveyance entered into between the Southern

Pacific Transportation Company, grantor, and Robert L. Helin,

a single man, grantee, recorded June 10, 1987, as instrument

number 87–16001 in the official records of the county of Nevada.

(8) The conveyance entered into between the Southern

Pacific Transportation Company, grantor, and Thomas S.

Archer and Laura J. Archer, husband and wife, as joint tenants,

grantees, recorded June 10, 1987, as instrument number 87–

16002 in the official records of the county of Nevada.

(9) The conveyance entered into between the Southern

Pacific Transportation Company, grantor, and Wallace L. Stevens, a single man, grantee, recorded June 10, 1987, as

instrument number 87–16003 in the official records of the

county of Nevada. (10) The conveyance entered into between the Southern

Pacific Transportation Company, grantor, and Sierra Pacific

Power Company, grantees, recorded June 10, 1987, as

instrument number 87–16004 in the official records of the

county of Nevada. (11) The conveyance entered into between the Southern

Pacific Transportation Company, grantor, and Truckee Public

Utility District, grantees, recorded June 10, 1987, as instrument

number 87–16005 in the official records of the county of Nevada. (12) The conveyance entered into between the Southern

Pacific Transportation Company, grantor, and Dwayne W. Haddock and Bertha M. Haddock, his wife as joint tenants,

grantees, recorded June 10, 1987, as instrument number 87–

16006 in the official records of the county of Nevada.

(13) The conveyance entered into between the Southern

Pacific Transportation Company, grantor, and William C.

Thorn, grantee, recorded June 10, 1987, as instrument number

87–16007 in the official records of the county of Nevada.

(14) The conveyance entered into between the Southern

Pacific Transportation Company, grantor, and Jose Guadelupe

Lopez, grantees, recorded June 10, 1987, as instrument number

87–16008 in the official records of the county of Nevada.

(15) The conveyance entered into between the Southern

Pacific Transportation Company, grantor, and Harold O. Dixon,

an unmarried man, as to an undivided half interest, and Pedro

Lopez, a married man, as to an undivided half interest, as
H. R. 1183—3

joint tenants, grantees, recorded June 10, 1987, as instrument

number 87–16009 in the official records of the county of Nevada.

(16) The conveyance entered into between the Southern

Pacific Transportation Company, grantor, and Robert E. Sutton

and Patricia S. Sutton, husband and wife, as joint tenants,

grantees, recorded June 10, 1987, as instrument number 87–

16010 in the official records of the county of Nevada.

(17) The conveyance entered into between the Southern

Pacific Transportation Company, grantor, and Angelo C. Besio

and Eva G. Besio, his wife, grantees, recorded June 10, 1987,

as instrument number 87–16011 in the official records of the

county of Nevada.

(18) The conveyance entered into between the Southern

Pacific Transportation Company, grantor, and Lawrence P.

Young and Mary K. Young, husband and wife, as joint tenants,

grantees, recorded June 10, 1987, as instrument number 87–

16012 in the official records of the county of Nevada.

(19) The conveyance entered into between the Southern

Pacific Transportation Company, grantor, and the estate of

Charles Clyde Cozzaglio, grantee, recorded June 10, 1987, as

instrument number 87–16013 in the official records of the

county of Nevada.

(20) The conveyance entered into between the Southern

Pacific Transportation Company, grantor, and Noel T. Hargreaves, an unmarried woman, as her sole and separate property, grantee, recorded June 10, 1987, as instrument number

87–16014 in the official records of the county of Nevada.

(21) The conveyance entered into between the Southern

Pacific Transportation Company, grantor, and Athleisure Enterprises, Incorporated, a Nevada corporation, grantees, recorded

January 24, 1989, as instrument number 89–01803 in the official records of the county of Nevada.

(22) The conveyance entered into between the Southern

Pacific Transportation Company, grantor, and Richard Bwarie,

a single man as to an undivided one-half interest, and Roger

S. Gannam and Lucille Gannam, husband and wife, as joint

tenants, as to an undivided one-half interest, grantees, recorded

January 24, 1989, as instrument number 89–01804 in the official records of the county of Nevada.

(23) The conveyance entered into between the Southern

Pacific Transportation Company, grantor, and William Campbell and Juanita R. Campbell, his wife as joint tenants,

grantees, recorded January 24, 1989, as instrument number

89–01805 in the official records of the county of Nevada.

(24) The conveyance entered into between the Southern

Pacific Transportation Company, grantor, and William E. Cannon and Lynn M. Cannon, husband and wife, as joint tenants

as to an undivided one-half interest, and Brent Collinson and

Dianne Collinson, husband and wife, as joint tenants, as to

an undivided one-half interest, grantees, recorded January 24,

1989, as instrument number 89–01806 in the official records

of the county of Nevada.

(25) The conveyance entered into between the Southern

Pacific Transportation Company, grantor, and Christopher G.

Eaton and Bernadette M. Eaton, husband and wife as community property, grantees, recorded January 24, 1989, as
H. R. 1183—4

instrument number 89–01807 in the official records of the

county of Nevada.

(26) The conveyance entered into between the Southern

Pacific Transportation Company, grantor, and Christopher G.

Eaton, grantee, recorded January 24, 1989, as instrument number 89–01808 in the official records of the county of Nevada.

(27) The conveyance entered into between the Southern

Pacific Transportation Company, grantor, and Valeria M. Kelly,

an unmarried woman, grantee, recorded January 24, 1989,

as instrument number 89–01809 in the official records of the

county of Nevada.

(28) The conveyance entered into between the Southern

Pacific Transportation Company, grantor, and William J. Kuttel

and Delia Rey Kuttel, husband and wife, grantees, recorded

January 24, 1989, as instrument number 89–01810 in the official records of the county of Nevada.

(29) The conveyance entered into between the Southern

Pacific Transportation Company, grantor, and Thomas A.

Lippert and Laurel A. Lippert, husband and wife, grantees,

recorded January 24, 1989, as instrument number 89–01811

in the official records of the county of Nevada.

(30) The conveyance entered into between the Southern

Pacific Transportation Company, grantor, and Fred J. Mahler,

a single man, grantee, recorded January 24, 1989, as

instrument number 89–01812 in the official records of the

county of Nevada.

(31) The conveyance entered into between the Southern

Pacific Transportation Company, grantor, and Francis Doyle

McGwinn also known as Doyle F. McGwinn, a widower, grantee,

recorded January 24, 1989, as instrument number 89–01813

in the official records of the county of Nevada. (32) The conveyance entered into between the Southern

Pacific Transportation Company, grantor, and James D. Ritchie

and Susan Ritchie, husband and wife, as joint tenants, grantees,

recorded January 24, 1989, as instrument number 89–01814

in the official records of the county of Nevada. (33) The conveyance entered into between the Southern

Pacific Transportation Company, grantor, and William R. Smith

and Joan M. Smith, his wife, as joint tenants, grantees,

recorded January 24, 1989, as instrument number 89–01815

in the official records of the county of Nevada. (34) The conveyance entered into between the Southern

Pacific Transportation Company, grantor, and Anthony J. Stile

and Laura A. Stile, husband and wife, as joint tenants,

grantees, recorded January 24, 1989, as instrument number

89–01816 in the official records of the county of Nevada.

(35) The conveyance entered into between the Southern

Pacific Transportation Company, grantor, and Thomas R.

Stokes, a single man, and Carla J. Stewart, a single woman,

as joint tenants, grantees, recorded January 24, 1989, as

instrument number 89–01817 in the official records of the

county of Nevada.

(36) The conveyance entered into between the Southern

Pacific Transportation Company, grantor, and Tom’s Television

System, Incorporated, a California Corporation, grantees,

recorded January 24, 1989, as instrument number 89–01818

in the official records of the county of Nevada.
H. R. 1183—5

(37) The conveyance entered into between the Southern

Pacific Transportation Company, grantor, and Tom’s Television

System, Incorporated, a California corporation, grantees,

recorded January 24, 1989, as instrument number 89–01819

in the official records of the county of Nevada.

(38) The conveyances entered into between the Southern

Pacific Transportation Company, grantor, and Harry M. Welch

and Betty R. Welch, his wife, as joint tenants, grantees,

recorded January 24, 1989, as instrument number 89–01820

in the official records of the county of Nevada.

(39) The conveyance entered into between the Southern

Pacific Transportation Company, grantor, and Harry Fariel

and Joan Fariel, husband and wife, as joint tenants, grantees,

recorded February 2, 1989, as instrument number 89–02748

in the official records of the county of Nevada.

(40) The conveyance entered into between the Southern

Pacific Transportation Company, grantor, and Edward Candler

and May Candler, husband and wife as community property,

as to an undivided two-thirds interest; and Harry Fariel and

Joan Fariel, husband and wife, as joint tenants, as to an

undivided one-third interest, grantees, recorded February 2,

1989, as instrument number 89–02749 in the official records

of the county of Nevada.

(41) The conveyance entered into between the Central

Pacific Railroad, grantor, and E.W. Hopkins and J.O.B. Gann,

grantees, recorded April 7, 1894, in Book 79 of Deeds at page

679, official records of the county of Nevada.

(42) The conveyance entered into between the Southern

Pacific Transportation Company, grantor, and John David Gay

and Elizabeth Jean Gay, as Trustees of the David and Elizabeth

Gay Trust, grantees, recorded October 3, 1991, as instrument

number 91–30654 of the official records of the county of Nevada.

SEC. 4. CONVEYANCES OF LAND IN SAN JOAQUIN COUNTY, STATE OF

CALIFORNIA.

The conveyances of land in San Joaquin County, State of

California, referred to in section 2 are as follows:

(1) The conveyance entered into between the Southern

Pacific Transportation Company, grantor, and Ronald M.

Lauchland and Lillian R. Lauchland, grantees, recorded October

1, 1985, as instrument number 85066621 in the official records

of the county of San Joaquin.

(2) The conveyance entered into between the Southern

Pacific Transportation Company, grantor, and Bradford A.

Lange and Susan J. Lange, his wife, as to an undivided onehalf, and Randall W. Lange and Charlene J. Lange, his wife,

as to an undivided one-half interest, grantees, recorded October

1, 1985, as instrument number 85066623 in the official records

of the county of San Joaquin.

(3) The conveyance entered into between the Southern

Pacific Transportation Company, grantor, and Leo G. Lewis

and Vasiliki L. Lewis, and Billy G. Lewis and Dimetria Lewis,

grantees, recorded October 1, 1985, as instrument number

85066625 in the official records of the county of San Joaquin.

(4) The conveyance entered into between the Southern

Pacific Transportation Company, grantor, and Louis J. Bennett,
H. R. 1183—6

grantees, recorded October 1, 1985, as instrument number

85066627 in the official records of the county of San Joaquin.

(5) The conveyance entered into between the Southern

Pacific Transportation Company, grantor, and Joe Alves Correia

and Leontina Correia, his wife, grantees, recorded September

1, 1970, instrument number 33915, in book 3428, page 461,

of the official records of the county of San Joaquin.

(6) The conveyance entered into between the Southern

Pacific Transportation Company, grantor, and Willard H. Fike,

Jr., and Dorla E. Fike, his wife, grantees, recorded January

7, 1988, instrument number 88001473 of the official records

of the county of San Joaquin.

(7) The conveyance entered into between Central Pacific

Railway, Grantor, and Nettie M. Murray and Marie M.

Hallinan, Grantees, dated May 31, 1949, recorded June 14,

1949, in volume 1179 at page 394 of the official records of

the county of San Joaquin.

(8) The conveyance entered into between the Central Pacific

Railway Company, a corporation, and its Lessee, Southern

Pacific Company, a corporation, Grantor, and Lodi Winery,

Incorporated, Grantee, dated August 2, 1938, recorded May

23, 1940, in volume 692, page 249, of the official records of

the county of San Joaquin.

SEC. 5. LIMITATIONS ON VALIDATION OF CONVEYANCES.

(a) SCOPE.—Nothing in this Act shall be construed to—

(1) diminish the right-of-way referred to in section 2 to

a width of less than fifty feet on each side of the center

of the main track or tracks maintained by the Southern Pacific

Transportation Company on the date of enactment of this Act;

or

(2) legalize, validate, or confirm, with respect to any land

that is the subject of a conveyance referred to in section 3

or 4, any right or title to, or interest in, such land arising

out of adverse possession, prescription, or abandonment, and

not confirmed by such conveyance.

(b) MINERALS.—(1) The United States hereby reserves any federally-owned minerals that may exist in land that is conveyed

pursuant to section 2 of this Act, including the right of the United

States, its assignees or lessees, to enter upon and utilize as much

of the surface of said land as is necessary to remove minerals

under the laws of the United States.
H. R. 1183—7

(2) Any and all minerals reserved by paragraph (1) are hereby

withdrawn from all forms of entry, appropriation, and patent under

the mining, mineral leasing, and geothermal leasing laws of the

United States.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.