
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 43USC940]

 
                         TITLE 43--PUBLIC LANDS
 
      CHAPTER 22--RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS
 
Sec. 940. Forfeiture of rights where railroad not constructed in 
        five years after location
        
    Each and every grant of right of way and station grounds made prior 
to February 25, 1909, to any railroad corporation under sections 934 to 
939 of this title, where such railroad had not been constructed and the 
period of five years next following the location of said road, or any 
section thereof, had on that date expired, is declared forfeited to the 
United States, to the extent of any portion of such located line then 
remaining unconstructed, and the United States resumes the full title to 
the lands covered thereby free and discharged from such easement, and 
the forfeiture declared shall, without need of further assurance or 
conveyance, inure to the benefit of any owner or owners of land conveyed 
by the United States prior to such date subject to any such grant of 
right of way or station grounds: Provided, That no right of way on which 
construction was progressing in good faith on February 25, 1909, shall 
be in any wise affected, validated, or invalidated, by the provisions of 
this section.

(June 26, 1906, ch. 3350, 34 Stat. 482; Feb. 25, 1909, ch. 191, 35 Stat. 
647.)
