Nadeau v. Union Pacific R. Co. - 253 U.S. 442 (1920)
U.S. Supreme Court
Nadeau v. Union Pacific R. Co., 253 U.S. 442 (1920)
Nadeau v. Union Pacific Railroad Company
Argued January 9, 12, 1920
Decided June 7, 1920
253 U.S. 442
The fact that tracts of land forming parts of the reservation set apart for the Pottawatomie Indians by the Treaty of 1846, 9 Stat. 853, became subject to be allotted to individual members of the tribe, under the Treaty of 1861, 12 Stat. 245, in virtue of occupation and improvements by such members, did not divest the United States of the fee to such tracts or prevent the granting of a railroad right of way across them by act of Congress. P. 253 U. S. 446.
Such lands remained "public lands" within the meaning of the Act of July 1, 1862, c. 120, 12 Stat. 489, granting to the Union Pacific Railroad Company a right of way 200 feet in width on each side of said railroad where it may pass over the public lands. P. 253 U. S. 444. Kindred v. Union Pacific R. Co., 225 U. S. 582.
Upon the identification of the railroad route, the right of way grant took effect as of the date of the granting act, and was unaffected by intervening allotments under the last named treaty or by the patents issued subsequently thereunder for the lands so allotted. P. 253 U. S. 445-446.
Land constituting part of the right of way granted by Congress for the Union Pacific Railroad cannot be acquired by individual by adverse possession. P. 253 U. S. 446.
The case is stated in the opinion.