[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1183 Enrolled Bill (ENR)]

<DOC>

        H.R.1183

                       One Hundred Third Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
 the twenty-fifth day of January, one thousand nine hundred and ninety-
                                  four


                                 An Act

  
 
  To validate conveyances of certain lands in the State of California 
that form part of the right-of-way granted by the United States to the 
Central Pacific Railway Company.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Railroad Right-of-Way Conveyance 
Validation Act''.

SEC. 2. VALIDATION OF CONVEYANCES.

    Except as provided in section 5, the conveyances described in 
section 3 (involving certain lands in Nevada County, State of 
California) and section 4 (involving certain lands in San Joaquin 
County, State of California) concerning lands that form parts of the 
right-of-way granted by the United States to the Central Pacific 
Railway Company in the Act entitled ``An Act to aid in the Construction 
of a Railroad and Telegraph Line from the Missouri River to the Pacific 
Ocean, and to secure to the Government the Use of the same for Postal, 
Military, and Other Purposes'', approved July 1, 1862 (12 Stat. 489), 
hereby are legalized, validated, and confirmed, as far as any interest 
of the United States in such lands is concerned, with the same force 
and effect as if the land involved in each such conveyance had been 
held, on the date of such conveyance, under absolute fee simple title 
by the grantor of such land.
SEC. 3. CONVEYANCES OF LANDS IN NEVADA COUNTY, STATE OF CALIFORNIA.
    The conveyances of land in Nevada County, State of California, 
referred to in section 2 are as follows:
        (1) The conveyances entered into between the Southern Pacific 
    Transportation Company, grantor, and David G. ``Otis'' Kantz and 
    Virginia Thomas Bills Kantz, husband and wife, as joint tenants, 
    grantees, recorded June 10, 1987, as instrument number 87-15995 in 
    the official records of the county of Nevada.
        (2) The conveyance entered into between the Southern Pacific 
    Transportation Company, grantor, and Antone Silva and Martha E. 
    Silva, his wife, grantees, recorded June 10, 1987, as instrument 
    number 87-15996 in the official records of the county of Nevada.
        (3) The conveyance entered into between the Southern Pacific 
    Transportation Company, grantor, and Charlie D. Roeschen and Renee 
    Roeschen, husband and wife as joint tenants, grantees, recorded 
    June 10, 1987, as instrument number 87-15997 in the official 
    records of the county of Nevada.
        (4) The conveyance entered into between the Southern Pacific 
    Transportation Company, grantor, and Manuel F. Nevarez and 
    Margarita Nevarez, his wife, as joint tenants, grantees, recorded 
    June 10, 1987, as instrument number 87-15998 in the official 
    records of the county of Nevada.
        (5) The conveyance entered into between the Southern Pacific 
    Transportation Company, grantor, and Susan P. Summers, grantee, 
    recorded June 10, 1987, as instrument number 87-15999 in the 
    official records of the county of Nevada.
        (6) The conveyance entered into between the Southern Pacific 
    Transportation Company, grantor, and James L. Porter, a single man, 
    as his sole and separate property, grantee, recorded June 10, 1987, 
    as instrument number 87-16000 in the official records of the county 
    of Nevada.
        (7) The conveyance entered into between the Southern Pacific 
    Transportation Company, grantor, and Robert L. Helin, a single man, 
    grantee, recorded June 10, 1987, as instrument number 87-16001 in 
    the official records of the county of Nevada.
        (8) The conveyance entered into between the Southern Pacific 
    Transportation Company, grantor, and Thomas S. Archer and Laura J. 
    Archer, husband and wife, as joint tenants, grantees, recorded June 
    10, 1987, as instrument number 87-16002 in the official records of 
    the county of Nevada.
        (9) The conveyance entered into between the Southern Pacific 
    Transportation Company, grantor, and Wallace L. Stevens, a single 
    man, grantee, recorded June 10, 1987, as instrument number 87-16003 
    in the official records of the county of Nevada.
        (10) The conveyance entered into between the Southern Pacific 
    Transportation Company, grantor, and Sierra Pacific Power Company, 
    grantees, recorded June 10, 1987, as instrument number 87-16004 in 
    the official records of the county of Nevada.
        (11) The conveyance entered into between the Southern Pacific 
    Transportation Company, grantor, and Truckee Public Utility 
    District, grantees, recorded June 10, 1987, as instrument number 
    87-16005 in the official records of the county of Nevada.
        (12) The conveyance entered into between the Southern Pacific 
    Transportation Company, grantor, and Dwayne W. Haddock and Bertha 
    M. Haddock, his wife as joint tenants, grantees, recorded June 10, 
    1987, as instrument number 87-16006 in the official records of the 
    county of Nevada.
        (13) The conveyance entered into between the Southern Pacific 
    Transportation Company, grantor, and William C. Thorn, grantee, 
    recorded June 10, 1987, as instrument number 87-16007 in the 
    official records of the county of Nevada.
        (14) The conveyance entered into between the Southern Pacific 
    Transportation Company, grantor, and Jose Guadelupe Lopez, 
    grantees, recorded June 10, 1987, as instrument number 87-16008 in 
    the official records of the county of Nevada.
        (15) The conveyance entered into between the Southern Pacific 
    Transportation Company, grantor, and Harold O. Dixon, an unmarried 
    man, as to an undivided half interest, and Pedro Lopez, a married 
    man, as to an undivided half interest, as joint tenants, grantees, 
    recorded June 10, 1987, as instrument number 87-16009 in the 
    official records of the county of Nevada.
        (16) The conveyance entered into between the Southern Pacific 
    Transportation Company, grantor, and Robert E. Sutton and Patricia 
    S. Sutton, husband and wife, as joint tenants, grantees, recorded 
    June 10, 1987, as instrument number 87-16010 in the official 
    records of the county of Nevada.
        (17) The conveyance entered into between the Southern Pacific 
    Transportation Company, grantor, and Angelo C. Besio and Eva G. 
    Besio, his wife, grantees, recorded June 10, 1987, as instrument 
    number 87-16011 in the official records of the county of Nevada.
        (18) The conveyance entered into between the Southern Pacific 
    Transportation Company, grantor, and Lawrence P. Young and Mary K. 
    Young, husband and wife, as joint tenants, grantees, recorded June 
    10, 1987, as instrument number 87-16012 in the official records of 
    the county of Nevada.
        (19) The conveyance entered into between the Southern Pacific 
    Transportation Company, grantor, and the estate of Charles Clyde 
    Cozzaglio, grantee, recorded June 10, 1987, as instrument number 
    87-16013 in the official records of the county of Nevada.
        (20) The conveyance entered into between the Southern Pacific 
    Transportation Company, grantor, and Noel T. Hargreaves, an 
    unmarried woman, as her sole and separate property, grantee, 
    recorded June 10, 1987, as instrument number 87-16014 in the 
    official records of the county of Nevada.
        (21) The conveyance entered into between the Southern Pacific 
    Transportation Company, grantor, and Athleisure Enterprises, 
    Incorporated, a Nevada corporation, grantees, recorded January 24, 
    1989, as instrument number 89-01803 in the official records of the 
    county of Nevada.
        (22) The conveyance entered into between the Southern Pacific 
    Transportation Company, grantor, and Richard Bwarie, a single man 
    as to an undivided one-half interest, and Roger S. Gannam and 
    Lucille Gannam, husband and wife, as joint tenants, as to an 
    undivided one-half interest, grantees, recorded January 24, 1989, 
    as instrument number 89-01804 in the official records of the county 
    of Nevada.
        (23) The conveyance entered into between the Southern Pacific 
    Transportation Company, grantor, and William Campbell and Juanita 
    R. Campbell, his wife as joint tenants, grantees, recorded January 
    24, 1989, as instrument number 89-01805 in the official records of 
    the county of Nevada.
        (24) The conveyance entered into between the Southern Pacific 
    Transportation Company, grantor, and William E. Cannon and Lynn M. 
    Cannon, husband and wife, as joint tenants as to an undivided one-
    half interest, and Brent Collinson and Dianne Collinson, husband 
    and wife, as joint tenants, as to an undivided one-half interest, 
    grantees, recorded January 24, 1989, as instrument number 89-01806 
    in the official records of the county of Nevada.
        (25) The conveyance entered into between the Southern Pacific 
    Transportation Company, grantor, and Christopher G. Eaton and 
    Bernadette M. Eaton, husband and wife as community property, 
    grantees, recorded January 24, 1989, as instrument number 89-01807 
    in the official records of the county of Nevada.
        (26) The conveyance entered into between the Southern Pacific 
    Transportation Company, grantor, and Christopher G. Eaton, grantee, 
    recorded January 24, 1989, as instrument number 89-01808 in the 
    official records of the county of Nevada.
        (27) The conveyance entered into between the Southern Pacific 
    Transportation Company, grantor, and Valeria M. Kelly, an unmarried 
    woman, grantee, recorded January 24, 1989, as instrument number 89-
    01809 in the official records of the county of Nevada.
        (28) The conveyance entered into between the Southern Pacific 
    Transportation Company, grantor, and William J. Kuttel and Delia 
    Rey Kuttel, husband and wife, grantees, recorded January 24, 1989, 
    as instrument number 89-01810 in the official records of the county 
    of Nevada.
        (29) The conveyance entered into between the Southern Pacific 
    Transportation Company, grantor, and Thomas A. Lippert and Laurel 
    A. Lippert, husband and wife, grantees, recorded January 24, 1989, 
    as instrument number 89-01811 in the official records of the county 
    of Nevada.
        (30) The conveyance entered into between the Southern Pacific 
    Transportation Company, grantor, and Fred J. Mahler, a single man, 
    grantee, recorded January 24, 1989, as instrument number 89-01812 
    in the official records of the county of Nevada.
        (31) The conveyance entered into between the Southern Pacific 
    Transportation Company, grantor, and Francis Doyle McGwinn also 
    known as Doyle F. McGwinn, a widower, grantee, recorded January 24, 
    1989, as instrument number 89-01813 in the official records of the 
    county of Nevada.
        (32) The conveyance entered into between the Southern Pacific 
    Transportation Company, grantor, and James D. Ritchie and Susan 
    Ritchie, husband and wife, as joint tenants, grantees, recorded 
    January 24, 1989, as instrument number 89-01814 in the official 
    records of the county of Nevada.
        (33) The conveyance entered into between the Southern Pacific 
    Transportation Company, grantor, and William R. Smith and Joan M. 
    Smith, his wife, as joint tenants, grantees, recorded January 24, 
    1989, as instrument number 89-01815 in the official records of the 
    county of Nevada.
        (34) The conveyance entered into between the Southern Pacific 
    Transportation Company, grantor, and Anthony J. Stile and Laura A. 
    Stile, husband and wife, as joint tenants, grantees, recorded 
    January 24, 1989, as instrument number 89-01816 in the official 
    records of the county of Nevada.
        (35) The conveyance entered into between the Southern Pacific 
    Transportation Company, grantor, and Thomas R. Stokes, a single 
    man, and Carla J. Stewart, a single woman, as joint tenants, 
    grantees, recorded January 24, 1989, as instrument number 89-01817 
    in the official records of the county of Nevada.
        (36) The conveyance entered into between the Southern Pacific 
    Transportation Company, grantor, and Tom's Television System, 
    Incorporated, a California Corporation, grantees, recorded January 
    24, 1989, as instrument number 89-01818 in the official records of 
    the county of Nevada.
        (37) The conveyance entered into between the Southern Pacific 
    Transportation Company, grantor, and Tom's Television System, 
    Incorporated, a California corporation, grantees, recorded January 
    24, 1989, as instrument number 89-01819 in the official records of 
    the county of Nevada.
        (38) The conveyances entered into between the Southern Pacific 
    Transportation Company, grantor, and Harry M. Welch and Betty R. 
    Welch, his wife, as joint tenants, grantees, recorded January 24, 
    1989, as instrument number 89-01820 in the official records of the 
    county of Nevada.
        (39) The conveyance entered into between the Southern Pacific 
    Transportation Company, grantor, and Harry Fariel and Joan Fariel, 
    husband and wife, as joint tenants, grantees, recorded February 2, 
    1989, as instrument number 89-02748 in the official records of the 
    county of Nevada.
        (40) The conveyance entered into between the Southern Pacific 
    Transportation Company, grantor, and Edward Candler and May 
    Candler, husband and wife as community property, as to an undivided 
    two-thirds interest; and Harry Fariel and Joan Fariel, husband and 
    wife, as joint tenants, as to an undivided one-third interest, 
    grantees, recorded February 2, 1989, as instrument number 89-02749 
    in the official records of the county of Nevada.
        (41) The conveyance entered into between the Central Pacific 
    Railroad, grantor, and E.W. Hopkins and J.O.B. Gann, grantees, 
    recorded April 7, 1894, in Book 79 of Deeds at page 679, official 
    records of the county of Nevada.
        (42) The conveyance entered into between the Southern Pacific 
    Transportation Company, grantor, and John David Gay and Elizabeth 
    Jean Gay, as Trustees of the David and Elizabeth Gay Trust, 
    grantees, recorded October 3, 1991, as instrument number 91-30654 
    of the official records of the county of Nevada.
SEC. 4. CONVEYANCES OF LAND IN SAN JOAQUIN COUNTY, STATE OF CALIFORNIA.
    The conveyances of land in San Joaquin County, State of California, 
referred to in section 2 are as follows:
        (1) The conveyance entered into between the Southern Pacific 
    Transportation Company, grantor, and Ronald M. Lauchland and 
    Lillian R. Lauchland, grantees, recorded October 1, 1985, as 
    instrument number 85066621 in the official records of the county of 
    San Joaquin.
        (2) The conveyance entered into between the Southern Pacific 
    Transportation Company, grantor, and Bradford A. Lange and Susan J. 
    Lange, his wife, as to an undivided one-half, and Randall W. Lange 
    and Charlene J. Lange, his wife, as to an undivided one-half 
    interest, grantees, recorded October 1, 1985, as instrument number 
    85066623 in the official records of the county of San Joaquin.
        (3) The conveyance entered into between the Southern Pacific 
    Transportation Company, grantor, and Leo G. Lewis and Vasiliki L. 
    Lewis, and Billy G. Lewis and Dimetria Lewis, grantees, recorded 
    October 1, 1985, as instrument number 85066625 in the official 
    records of the county of San Joaquin.
        (4) The conveyance entered into between the Southern Pacific 
    Transportation Company, grantor, and Louis J. Bennett, grantees, 
    recorded October 1, 1985, as instrument number 85066627 in the 
    official records of the county of San Joaquin.
        (5) The conveyance entered into between the Southern Pacific 
    Transportation Company, grantor, and Joe Alves Correia and Leontina 
    Correia, his wife, grantees, recorded September 1, 1970, instrument 
    number 33915, in book 3428, page 461, of the official records of 
    the county of San Joaquin.
        (6) The conveyance entered into between the Southern Pacific 
    Transportation Company, grantor, and Willard H. Fike, Jr., and 
    Dorla E. Fike, his wife, grantees, recorded January 7, 1988, 
    instrument number 88001473 of the official records of the county of 
    San Joaquin.
        (7) The conveyance entered into between Central Pacific 
    Railway, Grantor, and Nettie M. Murray and Marie M. Hallinan, 
    Grantees, dated May 31, 1949, recorded June 14, 1949, in volume 
    1179 at page 394 of the official records of the county of San 
    Joaquin.
        (8) The conveyance entered into between the Central Pacific 
    Railway Company, a corporation, and its Lessee, Southern Pacific 
    Company, a corporation, Grantor, and Lodi Winery, Incorporated, 
    Grantee, dated August 2, 1938, recorded May 23, 1940, in volume 
    692, page 249, of the official records of the county of San 
    Joaquin.

SEC. 5. LIMITATIONS ON VALIDATION OF CONVEYANCES.

    (a) Scope.--Nothing in this Act shall be construed to--
        (1) diminish the right-of-way referred to in section 2 to a 
    width of less than fifty feet on each side of the center of the 
    main track or tracks maintained by the Southern Pacific 
    Transportation Company on the date of enactment of this Act; or
        (2) legalize, validate, or confirm, with respect to any land 
    that is the subject of a conveyance referred to in section 3 or 4, 
    any right or title to, or interest in, such land arising out of 
    adverse possession, prescription, or abandonment, and not confirmed 
    by such conveyance.
    (b) Minerals.--(1) The United States hereby reserves any federally-
owned minerals that may exist in land that is conveyed pursuant to 
section 2 of this Act, including the right of the United States, its 
assignees or lessees, to enter upon and utilize as much of the surface 
of said land as is necessary to remove minerals under the laws of the 
United States.
    (2) Any and all minerals reserved by paragraph (1) are hereby 
withdrawn from all forms of entry, appropriation, and patent under the 
mining, mineral leasing, and geothermal leasing laws of the United 
States.







                               Speaker of the House of Representatives.







                            Vice President of the United States and    
                                               President of the Senate.