The state herald., 1913-06-06
.LAYLIN MAKES RULING
PERMANENT, RIGHTS FOR HIGH.
WAYS ACROSS PUBLIC LANDS.
States Already Posssss Easements for
Construction Of Roads on Public
Lands Not Reserved.

Washington. = In an important
ruling. made at the request of Com
gressman 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 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 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
gtraighten and repair long stretches Of
road which leads across lands still
owned by the government. Unless
there is assurance that the state 10
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.
d 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 as Of
ficial In character. Section 2477 OF
the Revised Statutes is pointed out
Us carrying the authority for the states
to construct and holds vested rights
In such roads Ms 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 q right OF way claimed under
Sec. 2i77. in patent issued for lands
trnyersed thereby, is not necessary to
the protection of such right.
Congressman Taylor asserts that the
ruling of the Department will have the
Iffec. 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. isi3-Hon. Ed
wnrd r. Taylor. House of Representa-
tives: My Dear Mr.. Taylor-I have
your letter OF May 9Th. inclosing COM
municntion from Mr.. Charles w. Tny-
lor, County Attorney OF Garfield Coun-
ty, Colorado. asking whether there IL
any way In which the United States
car give n permanent easement or
right OF way to n state or county Tor
highways. You suggest that you VIII
be pleased to have IA reference to any
laws or decisions which may bear
upon the subject t-matter. and TO be
advised as to whether or not additional
legislation Is necessary or advisable.
In reply ! direct your attention TO
the act OF July &c. 1866 "a stat, s9sl
carried Into Section 2iII OF the Revised
Statutes, wherein IL ia said
The right OF way for the con-
struetion of highways over public
Is hereby granted.
Constituting this section; The Depart; S,,;
mcnt held In the care OF Wason Toll
! Road Company v. The Townsito of
croede t2i l. D.. 55i) that such vest
cd right OF way over public lanus was was
tion OF n road an can not be defeated
by subsequent townnite hettlementi
and IN ,hS ia;rr 5,, sass nn o. paIaa"ng ss,naI n
der (si l.. D.. i0hl the Department ad /.
hered TO the ruling IN the case flrst
cited and further held that the reserya-
ssction gtfi, Revised Statutes. In q
patent iasuod for lands traversed
thereby In not necessary TO the protec-
il IL stated In Wells v. Pennington
County fs SO. Oak. ~ the object OF
the section was TO enable citizens and
residents TO build and construct high
ways across the public domain with
out making th.mn"lygs linblu nn tres.
pnssern, and III. shpreme Court OF
North Dakota, In The case OF Whicott
County " skaguo, held that tho. right
granted In not In tho nature OF IL
cenHc rcvoeabie nt tho pleasure OF the
grantor but thyn when highways are
once estRbllsbtd over the public do
main under this section the public be-
comes vested with an absolute right TO
the use thereof. which canrot. b. re-
voltod by shc United states 20 y. Oak,
! asa) A number OF courtn have held
that where y right OF way has been
lawfully acquired over public lands un-
der the provisions OF tnir section u SUB
.sauont purchansr OF srnntoe OF tho
in favor OF tho public unless such
: easement has been gNtlngulshed by the
operation OF state laws 40" McRone
v. Dottyer fsi Cal. 1875 Estes Park
Toll noadu Company Y Edwards
, f'Coio. Appeals. 49,. Thoii y. koins te1
!. Kans.. sOgIi waieott Township Y.
Skngue 10 n pnk.. as?l. Keen Y.
T. | y