[Federal Register Volume 63, Number 5 (Thursday, January 8, 1998)]
[Notices]
[Pages 1121-1122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-318]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[NV-915-5700-00; N-62098]
Application for Recordable Disclaimer of Interest; Nevada
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice.
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SUMMARY: The United States of America, pursuant to the provisions of
Section 315 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1745), proposes to disclaim all interest in the following
described land to Myron Lake, nunc pro tunc, the owner of record: a
tract of land which is located within 200 feet of each side of the
centerline of the Central Pacific Railroad Company track as it was
established over and across; T. 19 N., R. 19 E., M.D.M., Nevada,
sec.11, Lots 1, 2, 3, 8, 9, and SW\1/4\NE\1/4\.
DATES: Comments or objections should be received on or before April 8,
1998.
ADDRESSES: Comments or objections should be sent to the Nevada State
Director, BLM, 850 Harvard Way, P.O. Box 12000, Reno, Nevada 89520.
FOR FURTHER INFORMATION CONTACT: William K. Stowers, BLM Nevada State
Office, 702-785-6478.
SUPPLEMENTARY INFORMATION: Pursuant to Section 2 of the Act of July 1,
1862, 12 Statute 489, as amended (the Act), the Central Pacific
Railroad Company, as succeeded in interest by the Southern Pacific
Transportation Company, received a grant of a right-of-way 400 feet in
width over and across public lands for construction of a
transcontinental railroad. By the terms of the Act, the right-of-way
attached to the land upon notification to the General Land Office at
the time the line of the railroad was definitely fixed on the ground.
Title to the subject lands was conveyed by the United States to Mr.
Myron Lake in 1865 prior to notification by the Central Pacific
Railroad Company that the line of the railroad was definitely fixed on
the ground. There is a recorded chain of title to convey the subject
lands in fee to Central Pacific Railroad Company which originates from
the United States patent to Mr. Lake. Therefore, the 400-foot right-of-
way granted to Central Pacific Railroad Company by the Act did not
become an encumbrance on the title to the subject lands. Southern
Pacific Transportation Company, successor to Central Pacific Railroad
Company, subsequently issued deeds to private parties for a portion of
the subject lands.
However, a cloud was placed on the title to the subject land by a
court decision which held that since the Act predated the patent to Mr.
Lake, the United States holds a reversionary interest in the subject
lands should the railroad right-of-way be abandoned. The court held
that the reversionary interest was created even though the General Land
Office failed to include in its patent to Mr. Lake an express
reservation of the railroad easement (Southern Pacific Company et al v.
City of Reno, 257 F. 450, April 4, 1919). However, the subject land was
in
[[Page 1122]]
private ownership at the time the line of said railroad was definitely
fixed in accordance with the Act. Further, Mr. Lake's settlement on the
subject land originated prior to passage of the Act, and the patent,
upon issuance, related back to the date of settlement. Therefore, the
400-foot right-of-way authorized by the Act did not attach to the
subject lands.
The Bureau of Land Management has determined that the United States
has no claim to or interest in the land described and issuance of the
proposed recordable disclaimer of interest would remove a cloud on the
title to the land.
Authority: 43 CFR Part 1864.
Dated: December 31, 1997.
William K. Stowers,
Lands Team Lead.
[FR Doc. 98-318 Filed 1-7-98; 8:45 am]
BILLING CODE 4310-HC-P
