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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)
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