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U.S. Code as of:
01/19/04
Section 888. Selection by railroads of lands in lieu of lands entered subsequent to accrual of rights; title of settlers
In the adjustment of all railroad land grants, whether made
directly to any railroad company or to any State for railroad
purposes, if any of the lands granted be found in the possession of
an actual settler whose entry or filing has been allowed under the
preemption or homestead laws of the United States subsequent to the
time at which, by the decision of the land office, the right of
said road was declared to have attached to such lands, the
grantees, upon a proper relinquishment of the lands so entered or
filed for, shall be entitled to select an equal quantity of other
lands in lieu thereof from any of the public lands not mineral and
within the limits of the grant not otherwise appropriated at the
date of selection, to which they shall receive title the same as
though originally granted. And any such entries or filings thus
relieved from conflict may be perfected into complete title as if
such lands had not been granted: Provided, That nothing herein
contained shall in any manner be so construed as to enlarge or
extend any grant to any such railroad or to extend to lands
reserved in any land grant made for railroad purposes: And provided
further, That this section shall not be construed so as in any
manner to confirm or legalize any decision or ruling of the
Interior Department under which lands have been certified to any
railroad company when such lands have been entered by a preemption
or homestead settler after the location of the line of the road and
prior to the notice to the local land office of the withdrawal of
such lands from market.
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