[Federal Register: January 8, 1998 (Volume 63, Number 5)]
[Notices]               
[Page 1121-1122]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08ja98-66]

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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