The Keota news., 1913-06-06
.LAYLIN MAKES RULING
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 1t Ia 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.
Laylin's Letter.
DEPARTMENT OF THE INTERIOR,
Washington. May 49, 1913.-Hon. Ed
ward T. Taylor. House of Representa-
tives: My 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 Is
any way in which the United States
can give a permanent easement or
right Of way to q state or county for
highways, You suggest that you will
laws or decisions which may bear
upon the subject matter. and to be
advised as to whether or not additional
In reply I direct your attention to
carried into Section a477 OF the Revised
The right Of way for the con. con.
str%ction Of high%afys fUs 0ye1,cp over public
is hereby granted.
Constituting this section; the Depart; art;
eHas erseas I2%fan 81 e. 3. SD thst such vest.
acquired by the location and construc;
tion of q road as can not be defeated
by subsequent townsite settlement;
Mount Wilson Toll Road ct al. v. Schnei-
der Isl L D., 4O5( the Department ad-
hered to the ruling In the case first
ssstien sa on s474 'Fn ReYlsed Sds stat",es uae in
patent issued for lands traversed
4 Z stated II Well. v; Penningtoa, S,na; D,
County e. So Pak the cit2ens oe}set and Of
residents to build and construct high
ways across the public domain With
out making themselves liable as tres.
Eorth Ress'i Dakota. in the case Of Waicott
County v. Skague. held that the right
granted is not in the nature OF IL
grantor but that when highways are
once established over the public do
main under this section the public be-
the use thereof. which cannot be re-
voked by the United States (6 N. Oak.
1s2). A number of courts have held
ia%fuiI2 lnsi Hsss ssauired over % public lands
der the provisions Of this section sub
essuent purchaser or Z grantee OF the ne
s.Saf sae' Of i fSesf. Se 5H the ness s
easement has been extinguished by the
operation Of state laws See McRose
To R0isgss HSsds s Gp 1s2 = HT.ss ak
Kans., & $o2J: Walcott Township '.
Eai4Tisw sshSas e GSoHn.hin VI Ras sSS' Dak sss
1885; schwerdt1e v. Placer County
{1SS Calf. ,ass $50 not reou,re the filing
of maps or location and in the admin
istration thereof this Department does
not exact any r,Hns and use
statute itself, by the state laws and
by the general Tu1H OF by
tfnl1ous use OF the roads