The Meeker herald. [volume] (Meeker, Colo.) 1885-current, 1921-11-19
PERMANENT RIGHT FOR HIGH
WAYS ACROSS PUBLIC LANDS

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request of Congressman Taylor
of Colorado, the department of inter-
ior June goth 1913. gave assurance
that highways across tracts of public
land which have become established
through usage may be held perma-
nent rights of way by states or conn-
ties adopting them. In letter to Iay-
lor, Assistant Secretary OF the inter-
ior I.aylin says the states already pos
sesses easements for the constructions
of highways over public lands not re-
served for public uses, and unless 1t
IL deemed advisable to secure an ease
mcnt or right of way prior to con-
struction and use. or to have such right
of way noted upon the records OF the
Iocal or general land offices. additional
legislation by congress is unnecessary
The coming activity Of the state
highway commission In Colorado makes
the information extremely important.
for there will he many instances here
and there In the state. where 1t Will
ic found desirable to straighten ana
repair long stretches of road which
lead across land still owned by the
government. Unless there Is the as
surancc that the state Is to have title
to these highways after they are re-
built. and that they are not to be SELF
ed and included In the holdings OF
coming settlers, there will M naturally
some difference on the part OF the high
way commission ms to proceeding with
permanent work. A query OF this M
ture having been received from Char
les W Taylor, county attorney OF Gar
field county. Congressman Taylor at
once recognized the gravity Of the
question and proceeded to lay 1t be-
fore the interior department. The re-
ply OF the assistant Secretary Laylin
is recognized as official in character.
Section 2477 Of the Revised Statutes
is pointed out as carrying the author
ity for the states to construct and hold
vested rights In such roads as they
wish over the public domain where 1t
is not reserved for public uses. case
Is cited which involves the townsite
Of Creede, Colo. and holds that vest
ed right OF way for read is not de-
fcnted by subsequent townsitc set
tlcmpnt. 1t is also noted that the de-
partmpnt has held that n reservation
Of right of way claimed under Sec
tiun 2i77. In II patent issued for lands
trnvcrscd thereby. is not necessary to
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. Tic
calls attention to the fact, however
that the statute does not apply to for
est reserves.
LAYLIN'S LETTER
Department of the Interior. Wash
ington. d C.. Mny 23. 1913. Hon. Ed
ward T. Taylor. House of Represent.
ativcs: My dear Mr. Taylor: I have
your letter of Mny u. inclOsing com
munication from Mr. Charles w.
Taylor. county attorney Of Garfield
county. Colorado. asking whether
there IL any way in which the United
States can give permanent easement
or right of way to n state or county
for highways. You suggest that you
will le pleased to have reference to
any laws or decisions which may bear
upon the subject matter. and ito he nd-
viscd as to whether or not additional
legislation is necessary or advisable.
In reply I direct your attention to
the act of July 20. 1876 "a Stat. 2l3)
carried into section o477 Of the Re-
vised Statutes. wherein 1t liz said
The right Of way for the construc-
tion of highways over public lands. not
reserved for public uscs. IL hereby
granted
Constituting this section. the depart
ment held In the ease Of Watson Toll
Rood Company VS. the townsitc of
Crccde t21 l. ID 351 TINT such vest
ed right of way over public lands was
acquired by the location and con-
structiOn of n rond MS can not R de-
featcd by a subsequent tOwnsitc set
tlement: and in the later case Of Pas
ndcnn and Mount Wilson Toll Road ct
nj VS. Schneider (31 l. ID. 400 the de.
pnrtment adhered to the ruling In the