|
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)
|