Doran v. Central Pacific Railroad

Citations

• 24 Cal. 245

Syllabus

<p>Central Pacific Railroad—Right of Way of.—The right of way over a strip of land two hundred feet in width on each side of its road, granted to the Central Pacific Railroad Company by the second section of the Act of Congress, passed July 1st, 1862, extends to and covers all public lands, whether mineral or not.</p> <p>Same—Mineral Lands.—The proviso to section 3 of said Act, excepting mineral lands from its operation, refers to the alternate sections granted to said company, and has no reference to the grant of the right of way in section 2.</p> <p>Public Lands—Control of.—The General Government is entitled to the possession of and all the beneficial interest in the public lands, and its grantee takes the same subject to no conditions, except such as are expressed in the grant.</p> <p>Mineral Lands—Occupants of.—Mere occupants of the mineral lands, who have entered upon the same for mining or other purposes, have no title or right under which they can maintain possession, as against the United States or its grantee.</p> <p>Power of State over Public Lands.—The State of California has no power to interfere with the public lands within its limits, or grant a license or permission to occupy the same.</p> <p>Public Lands—How Sold.—The only manner in which the right, title, or interest of the United States in or to any of the public lands can pass to or vest in any private person is by means of an Act of Congress directly making the grant, or authorizing the grant to be made in their behalf by some person or officer.</p> <p>Same—Prescription—Adverse Possession.—No title to the public lands, whether mineral or otherwise, will accrue to any person against the General Government by prescription, adverse possession, or by estoppel in pais.</p> <p>Same.—No presumption of a grant will arise as against the United States, but the legislative grants, or the letters patent, or something that is made by law their equivalent, must be produced.</p> <p>Rights of Possessor of Public