Eastern Colorado times., 1913-06-06
.LAYLIN MAKES RULING
PERMANENT RIGHTS FOR HIGH.
WAYS ACROSS PUBLIC LANDS.
States Already Possess Easements for
Construction Of Roads on Public
Lands Not Reserved.

Lands Not Reserved.
Washington. In an important
ruling, made at the request of Con-
gresham b. 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.
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.
LayIln's Letter.
DEPARTMENT OF THE INTERIOR,
Washington, May 23. 1913-Hon. Ed
ward T. Taylor. House of Representa-
tives: My Dear Mr.. Taylor have
your letter of May 9Th. inclosing COM
municatloh from Mr.. Charles w. Tay-
lor, County Attorney Of Garfield Coun-
ty. Colorado, asking whether there is
n w
can give permanent easement or
right Of way to a state or county for
highways; You suggest that you will
laws la Ssu or decisions &c s which eenGs may " bear @
upon the subject matter. and to be
adyised i, as to whether or not additional
the act see'l 81 July ss. 1858 ut 1a a stat. s5sS
carried into Section 2477 Of the Revised
Statutes. wherein it is said:
raeohs Tas ssatt nt sFhwsyys IF for over the pSSo
lands, not reserved for public uses,
is hereby granted.
sS9 Gongts'%Ing Ss'd this section The Depart
g. Ths that sSeh vese e
acquired by the location and construc-
by q subsequent townsite settlement;
Snd IN tS Later Of Pasadena and
der Isl l. D.. 1867 the Department % ad-
ssr anS @ That h the eass ss.
seetion Sect a47H. Reyiseds statutes es unue in
patent issued for lands traversed
ton 81 sueS not risSs to the
It is stated in Wells v, Pennl ston
GSSuns g. sH Pat e enable the Hs and i
residents to build and construct high
ways across the public domain with
passers. and the Supreme Court Of
North Dakota, in the case Of Walcott
is shaFqs not s sa as naare aa ss Cf s
grantor but that when highways are
main under this section the public be-
comes vested with an absolute right to
Si By ese %ts States 0f pf
that where q right Of way has been
der the provisions Of this section a sub
,,sSSSetnt purchaser or grantee Of the
In IN favor OF the public unless such
SestSsr q 81 ss VS. stey Psss
Ssio: ApPssss9,s' 3R;, ,,. Yhoii :; KoIss tss
Fairyiew Township Is s.. Daks G5s5;
(I0s' Calf, 5ss).
The law does not require the filing
Of maps or location and In the admin
istration thereof this Depar tment does
not exact any showing. rights acquired
hereunder by construction and use
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, 1t would seem that addi-
tional Legislation by Congress is un-
necessary. Very truly yours,
LEWIS G. LAYLIN,
Assistant Secretary.