Sjoli v. Dreschel, 199 U.S. 564 (1905)

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Sjoli v. Dreschel

No. 79

Submitted November 27, 1905
Decided December 18, 1905
199 U.S. 564

ERROR TO THE SUPREME COURT

OF THE STATE OF MINNESOTA

Syllabus

1. The Northern Pacific Railroad Company could not acquire a vested interest in particular lands, within or without place limits, merely by filing a map of general route and having the same approved by the Secretary of the Interior, although upon the definite location of its line of road and the filing and acceptance of a map thereof in the office of the Commissioner of the General Land Office, the lands within primary or place limits, not theretofore reserved, sold, granted or otherwise disposed of and free from preemption or other claims or rights, become segregated from the public domain, and no rights in such place lands will attach in favor of any settler or occupant, after definite location.

2. No rights to lands within indemnity limits will attach in favor of the railroad company until after selections made by it with the approval of the Secretary of the Interior.

3. Up to the time such approval is given, lands within indemnity limits, although embraced by the company’s list of selections, are subject to be disposed of by the United States or to be settled upon and occupied under the preemption and homestead laws of the United States.

4. The Secretary of the Interior has no authority to withdraw from sale or settlement lands within the indemnity limits which have not been previously selected, with his approval, to supply deficiencies within the place limits of the company’s road.

The facts are stated in the opinion.