The Holly chieftain., 1913-06-06
.LAYLIN MAKES RULING
PERMANENT RIGHTS FOR HIGH.
WAYS ACROSS PUBLIC LANDS.
States Already Possess Ease ments ief
Construction Of Roads on Public
Lands Not Reserved.

the Department OF the Interior last
week gave assurance that highways
ecross 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.
Laylin's Letter.
DEPARTMENT OF THE INTERIOR.
Washington. May 23. 1913.-Hon. Ed
l..
tives: My Dear Mr.. Taylor 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 permanent easement or
right of way to a state or county for
highways. You suggest that you will
be pleased to have a reference to any
laws or decisions which may bear
advised as to whether or not additional
legislation is necessary or advisable.
In reply l direct your attention to
eaered INTO seeton & s47 Of the d @
Statutes, wherein it Is said:
struction of highways over public
lands, not reserved for public uses,
Is hereby granted.
Constituting this section, the Depart;
ment held in the case Of Wason Toll
cfeeds a n SS tha5 nbs suin fands vss, @a,
acquired by the location and construc-
tion of road as can not be defeated
and an in the later case Of Pasadena and
Mount Wilson Toll Road ct al. v. schnei-
der (s1 L. D.. 4O5) the Department ad
cited and further held that the reserva-
sssilsa ssa s1 F TFh1 er way a%ss
Rasrs thereby SGe IS not necessary to the protec-
| ton of such right.
+ Is stated in Wells y ~ Penningtop an,na; o9
the section was to enable citizens and
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
County. V; skague held that the. right
eeense reyocable at the pleasure Of the
grantor but that when highways are
once established over the PUBLIC do
comes Come vested with an absolute right to
the use thereof, which cannot be re-
voked by the United States (6 N. OAK,
ssas s where Fight a Of 9Us Way nxs
der the provisions of this section a sub
nna faSor .aTes ot tSe pabc ns nness
easement has been extinguished by tho
Spesottttye q Bottyer " Isl Cal. ias>; Estes PARK
Colo: Appeals. ~; Thoil T6nseh,s y Roles (e5
kans skasae sS' e N Tatfo' Das sss5 G"hSR Keen V
FSsi Fairview township Is s. Oak. $50;
Wailowa County v Wade az, Ore.
2iisss; 2iissss csiif, sifwfsatle sss5. " Placer County
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
| 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
| the records of the local and general
land offices. 1t would seem that addi-
tionai iegisiavtion r,S by Songress nses un-
| LEWIS c. LAYLIN,
Assistant Secretary: