[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1183 Introduced in House (IH)]
103d CONGRESS
1st Session
H. R. 1183
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.
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IN THE HOUSE OF REPRESENTATIVES
March 2, 1993
Mr. Doolittle introduced the following bill; which was referred to the
Committee on Natural Resources
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A BILL
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.
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;
(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; or
(3) diminish any of the right, title, or interest of the
United States with respect to oil, gas, and other minerals, or
with respect to prospecting for or mining or removal thereof,
in any of the lands that are the subject of a conveyance
referred to in section 3 or 4.
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HR 1183 IH----2