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Show In many instances, railroad rights-of-way have been used for non-railroad purposes, giving rise to questions of land title. This photo was taken at Coeur D'Alene, Idaho. agency. It is inadvisable to divide control between two agencies and separate the decisionmaking for some of the occupancy uses from those who are concerned with other resource values. More importantly, it is essential to provide the land management agencies with authority to control certain kinds of heavy impact occupancy uses that now may be initiated and related construction may take place without prior agency approval or meaningful regulation of their environmental impacts, such as highways over the unreserved public lands.22 However, since the specialized knowledge and expertise necessary for wise decisions concerning the best design and layout of many occupancy uses is often most highly developed in certain other agencies, e.g., the Bureau of Public Roads, the Commission believes that their assistance should be obtained by the land management agencies that do not have the expertise within their own organizations. Railroad Rights-Of-Way Recommendation 100: The Secretary of the Interior should be authorized to approve other uses of railroad rights-of-way with the consent of the affected railroad, and persons 22 43 U.S.C. §932 (1964). 230 holding defective titles from railroads to right-of-way lands should be confirmed in their uses by the Federal Government and the affected railroads. Prior to 1875 special legislation provided right-of-way grants to each railroad. These grants varied in width and in other respects as well. Along with the right-of-way, Congress made other land grants to assist the railroad in defraying its costs of construction. Special grants of rights-of-way came to a close with the passage of the General Railroad Right-of-Way Act in 1875,23 which effected a sharp change in congressional policy. This Act made no land grants, but granted a right-of-way for 100 feet on each side of the center line of the road. It also granted the right to take from the bordering public lands buildings materials necessary for the contemplated construction, as well as adjacent rights-of-way for station buildings, depots, etc., not to exceed 20 acres for each station, to the extent of one station for each 10 miles of road. It is now well established that: (1) the railroads have a right in perpetuity to the exclusive use and possession for railroad purposes of the surface of the lands granted for easement and right-of-way purposes; (2) such grants were made on the implied condition of reverter in the event the railroad companies cease to use or retain the land for the purpose granted; and (3) minerals in right-of-way lands belong to the United States. The only conveyance under existing law which the railroads can make without authority of Congress is to states, countries, and municipalities for highway and street purposes. Over the years railroad rights-of-way have been occupied and used with and without the permission of the railroads for a great variety of uses and purposes. These include agricultural uses where farmers and ranchers moved their activities up to the railroads' fences which were often placed near the railroad tracks and not on the boundary line of the right-of-way; commercial activities pursuant to leases with the railroads for grain elevators, feed, fuel and building supply dealers, warehouses, and other commercial enterprises which regularly receive and ship commodities by rail; and such nonrailroad purposes as municipal buildings and motels. There are also numerous pipelines and wirelines, private roads, irrigating ditches, and the like crossing or even longitudinally located along such rights-of-way by utilities. The railroads, in order to protect their perpetual right to use the right-of-way for railroad purposes, have often issued leases, licenses, and permits for in- 43 U.S.C. §§934-939 (1964). |