Noble v. Union River Logging R. Co.

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The Union River Logging Railroad company was a multi-purposed company that focused on building railroads to provide public transportation and logging. In 1882, Union River extended its railroad tracks to reach farther distances in more remote areas. Union River saw the opportunity to do so by taking advantage of an Act of Congress of March 3, 1875, 18 Stat. 482[1] which allowed "railroads a right of way through the public lands of the United States".[2][3]

Overview

This case considered the rights of the Union River Logging Railroad company under 18 Stat. 482. Broad rights were granted in the past, but as the company continued to grow, the Department of Interior argued that Union River Logging Railroad was using the railroad for private use rather than public. Therefore, "The plaintiff was not engaged in the business of a common carrier of passengers and freight at the time of its application, but in the transportations of logs for the private use and benefit of the several persons composing the said company".[2] After the government attempted to revoke the plaintiff's land, Union River pushed back against these claims arguing that , since they had already been granted this approval it could not be taken away.

The case was moved to the Supreme Court which ruled that, the rights could not be revoked from the Union River company, meaning the use of the land could still be used for transport. The main reason cited was due process.

  1. ^ "43 USC 934: Right of way through public lands granted to railroads". uscode.house.gov. Retrieved 2024-10-14.
  2. ^ a b "Noble v. Union River Logging R. Co., 147 U.S. 165 (1893)". Justia Law. Retrieved 2024-10-14.
  3. ^ "Noble v. Union River Logging R. Co., 147 U.S. 165 (1893)". Justia Law. Retrieved 2024-10-15.