United States v. 9,947.71 Acres of Land - In United States v. 9,947.71 Acres of Land, the federal district court determined that RS2477 was a grant in praesenti that became effective immediately upon construction of a road.  This case addressed a road constructed across unreserved public lands in 1921 by Nevada miners seeking access to their mining claims.  The court held that right-of-way to this road vested in the miners and their successors in ownership without any further action by the miners or any public official.  Thus, although no recorded acknowledgement of this right-of-way existed, the United States had to compensate the mining companies for taking the associated land and road right-of-way to construct Lake Meade Air Base.  The United States was not allowed to “require” public use of this road, that is, to “take” the right-of-way from the miners for public use without compensating the owners.  (United States v. 9,947.71 Acres of Land, 220 FS 328, DC Nev. 1963)