Southern Pacific Co. v. Burr

Citations

• 86 Cal. 279
• 24 P. 1032
• 1890 Cal. LEXIS 1021

Syllabus

<p>Eights of Pre-emptobs — Withdrawal of Public Lauds from Sale. — Congress has full power to withdraw public lands from sale, though in possession of qualified pre-emptors, if they have not paid for the land, and may sell or grant such land to others, as it pleases.</p> <p>Id. — Railroad Grant — Ejectment — Evidence as to Prior Preemption Claims. —In an action of ejectment by the successor in interest of the Central Pacific Railroad Company to recover possession of a strip of land forming part of the right of way granted to the company by Congress, evidence is not admissible to show possession of the land by the predecessors of the defendant prior to the railroad grant, and that they were qualified pre-emptors, if it appears that none of them procured title to the land before it was granted to the railroad company.</p> <p>Grant to Central Pacific Railroad Company—Right of Way — Easement — Grant of Land—Right of Possession—Ejectment.— The act of Congress of July I 18G2, granting to the Central Pacific Railroad Company a right of way two hundred feet in width on each side of its road, did not grant a mere easement for the construction and operation of its road, but operated as a special grant cf land, and is a conclusive legislative determination of the reasonable and necessary quantity of land to be dedicated to this public use, and gave to the grantee the exclusive right to the possession of all the land embraced in the grant of such right of way; and the railroad company may maintain an action of ejectment to recover possession of the whole of the four hundred feet so granted, although only occupying a small portion thereof for its road-bed.</p> <p>Id. — Offer of Lease.—The right of such railroad company to recover the land so granted is not affected by the fact that it offered to lease to defendant the parcel in dispute, as the defendant had no right to inclose or occupy the land without permission of the railroad company.</p> <p>Ejectment — When Action will not