The Elk Mountain pilot., 1913-06-05
LAYL|N MAKES RULING
PERMANENT RIGHTS FOR HIGH.
WAYS ACROSS PUBLIC LANDs.
States Already Possess Easements for
Construction Of Roads on Public
Lands Not Reserved.

Washington. = In an important
ruling, made at the request Of Con-
gresham e. T. Taylor of Colorado,
the Department of the Interior last
week gave assurance that highways
across tract of public land which have
become established through usage may
be held permanent rights of way by
states or counties adopting them. In
letter to Taylor. Assistant Secretary
Of the Interior Laylin says the states
already possess easements for the con-
struction of highways over public
lands not reserved for public uses.
and unless it is deemed advisable to
secure an easement or right Of way
prior to construction and use, or to
have such rights of way noted upon
the records of the local or general
land offices, additional legislation by
congress is unnecessary.
The coming activity of the state
Highway Commission in Colorado
makes the information extremely i'm
portant, for there will be many In
stances. here and there in the state.
where it will be found desirable to
Etraighten and repair long stretches OF
road which leads across lands still
owned by the government. Unless
there is assurance that the state Is
to have title to these highways after
they are rebuilt. and that they are
not to be seized and included in the
holdings Of coming settlers, there Will
be naturally some diffidence on the
part of the Highway Commission as
to proceeding with permanent works.
Il query OF this nature having been re-
ceived from Charles W. Taylor. coun-
ty attorney of Garfield county, Con-
gressman Taylor at once recognized
the gravity Of the question and pro
ceeded to lay 1t before the Interior De-
partment. The reply of Assistant
Secretary Laylin is recognized a. Of
ficial in character. Section 2477 OF
the Revised Statutes Is pointed out
as carrying the authority for the states
to construct and holds vested rights
IN such roads as. they wish over the
public domain, where 1t is not re-
served for public uses. A case 10.
cited which involves the townsjte Of
Creede, Colo, and holds that a vested
right of way for a road is mot de-
.eated by a subsequent townsite
settlement. It IL also noted that the
Department has held that reserva-
tion Of . right OF way claimed under
Sec. 2477, in q patent issued for lands
traversed thereby, is not necessary to
the protection of such right.
Congressman Taylor asserts that the
ruling Of the Department will have the
rffect of assuring many localities in
Colorado Of their right to maintain
roads over the public domain. He
calls attention to the fact, however,
that the statute does not apply to for
est reserves.
laylin's Letter.
DEPARTMENT OF THE INTERIOR.
Washington. May -. 1913.-Hon. Ed
tives: Ny Dear Mr.. Taylor-I have
| your letter. of May 9Th. inclosing COM
munication from Mr.. Charles w. Tay-
| lor, County Attorney of Garfield Coun-
| ty. Colorado. asking whether there 10
| any way in which the United States
can give a permanent easement or
right of way to a state or county Tor
highways. You suggest that you Will
| be pleased to have reference to any
] laws or decisions which may bear
upon tho. subject matter. and to be
advised as to whether or not additional
legislation 10 necessary or advisable.
In reply 1 direct your attention to
carried car into Section 2477 Of the Revised
| Statutes, wherein 1t Is said:
The right of way for the con-
struction of highways over public
lands. not reserved for public uses.
| 10 hereby granted.
Constituting this section; the Depart; part;
men. held IN the case , Of T~nnn1ts Wason Toll ~
crssae eSsa 9nf. 81 3. SD that; such : vest
ed right Of way over public lands was
by subsequent town.its settlement;
sns noant IT w.1n vi n'fe ffss a. ct al
der cal l. D.. 406( the Department ad.
ees .nS tashs1 an hsd IL ths the the rs.
sssa,sa sasa on s4a 1'Eh' Rsytssa 81 wa stssasss
thereby is not necessary to the protsc-
tion OF such right; -
| County q So. OAK. u the object Of
the section was to enable citizens and
to build ns pnbc ahd wsh
out making themselves liable as tres.
passers. and the supreme Court % t Ct
County " Skague, held that the right
granted is not in the nature OF Il
| cense revocable at the pleasure OF the
grantor but that when highWaHys gHs are are
main under this section the public be-
comes vested with an absolute right to
| the use thereof. which cannot be re-
sS1). A number Of courts have held
| that where a right of way has, been
lawfully acquired over public lands un-
der the provisions of this section a sub
sequent purchaser or grantee OF the
in favor Of the public unless such
easement has been extinguished by the
| operation of state laws. See McRose
Toll Roads Company y: Edwards g
| Kans.. $O2); Walcott Township v.