The Springfield herald., 1913-06-06
lAYLIN MAKES RULING
PERMANENT RiGHTs FOR HIGH.
WAYS ACROSS PUBLIC LANDe.
States Already Possess Easements for
Construction Of Roads on Public
Lands Not Reserved.

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 1t 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 tthe 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 1t 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.
"A 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-
cseded to lay 1t before the Interior De-
partment. The reply of Assistant
Secretary Laylin Is recognized as Of
ficial in character. Section 2477 of
the Revised Statutes is pointed out
as carrying the authority for the statea
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 is
cited which involves the townsite Of
Creede. Colo, and holds that vested
right of way for road is not de-
feated by subsequent townsite
settlement. 1t is also noted that the
Department has held that reserva
ton of right Of way claimed under
Sec. 2477, In 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
effect 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. ~;
Layiin's Letter.
DEPARTMENT OF THE INTERIOR.
Washington, May 23. 1s1s:-Hon. Ed
ward T. Taylor. House of Representa-
tives: My Dear Mr.. Tay1or-1 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 is'
any way in which the United States
can give a permanent easement or
right of way to state or county for
highways. You suggest that Xou will
be pleased to have reference to any
laws or decisions which may bear
upon the subject-matter, and to be
advised as to whether or not additional
legislation 10 necessary or advisable.
the act Of July 1s. 1855 GA Stat. 25al
carried 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,
is hereby granted.
Constituting this section; the Depart;
GTssae esss cGnRan 81 81, that such se.s
se ulEe g. By sss and
BY a subsequent town.its settlementi
Mount Wilson Toll Road ct al. v. Schnei-
der ls1 l. B.. 406} the Department ad-
siseS as fahea s.
s.s,oa Sa of 5ht OF IN
tion ton of such right.
county ~ T. stssS q Sc. Z Oak. I the ob5ees of
the section was to enable citizens and
to build tba nbs aRd s
pss.ers, and the supreme cSpEt a Of
County '. sEasue. held that the right
granted is net in the the n;I.I, nature OF = Il.
fs.s at the Of ane
main under this section the public be.
sSs fSe use % thereef. which cannot be re- e.
yoked by the United States e n. paky
ssse where Fight Of way hss been
der the provisions OF this section q sub
sequent purchaser OF grantee of the
land takes 1t subject to the easement
in favor of the public unless such
easement has been extinguished by the
v. Bottyer (s1 Cal. 1879; Estes Park
Toll Roads Company Y. Edwards g
Colo. Appeals: 74);. Tholl v. Koles ts5
skasue Ss N. OAK. sss); Keen "
Wallowa County v: Wade us Ore.
CLOS Calf. $3.50.
The law does not require the filing
of maps or location and in the admin
istratIon thereof this Department does
not exact any showing, rights acquired
Hereunder by construction and use
Of the highways being protected by the
statute itself, by the state laws and
by the general rule of law with respect
to public easements acquired by con-
tinuous use of the roads,
Therefore, unless 1t is deemed advis-
able 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 and general
land offices, II would seem that addi-
tional legislation by Congress Is un-
necessary. Very truly yours.
LEWIS c. LAYLIN,
Assistant Secretary
wounzn. '4QAr. Dead In CalIfornts