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The RGSRR keep excellent records on how and where they acquired their rights of way for the <br />railroad. In the San Miguel County Recorder's Office there aze the railroad records that show all <br />the pertinent acquisition information. One is a typed list of acquisitions that goes with the <br />RGSRR Railroad Map that was prepazed and signed by Arthur Ridgeway of the RGSRR in 1919. <br />This is the official map of the RGSRR railroad right of way as it crosses San Miguel County. <br />When the RGSRR was being; built in the late 1890's, the portion of the railroad right of way that <br />crosses the mining claims described in the said SMC Quit Claim Deed to PDI were owned by the <br />US Government. The minin;; claims that aze mentioned above were not "patented" at that point <br />in time. They were at best wipatented mining claims and some of the claims described above <br />were not even unpatented when the railroad was constructed in that area. For example, the <br />Robert Peary, The Robert N. Steele & the Medore were not "patented" until October 27, 1927. <br />In 1927 the RGSRR had been established for many yeazs and was 2 years from going into <br />Receivership due to unpaid bills. One of which was the property taxes the RGSRR owed San <br />Miguel County. <br />On the Official Right of Way map that is in the Recorder's Office and in the records that the <br />County has depicting the recording information of the rights of way in San Miguel County. It is <br />easy to find the portion of the abandoned RGSRR right of way that is described above. <br />According to the said right of way records that portion of the RGSRR abandoned right of way <br />was acquired by a permit from the US Government, not by a deed from a private landowner. <br />Therefore, a fee simple title is not conveyed in the permit just the right to use the US <br />Government land for railroad purposes. When the RGSRR abandons that portion of the right of <br />way it per the Receiver's Deed from Pierpont Fuller, Jr., Receiver of the R.G.S. R. R. Co. to <br />Department of Highways, State of Colorado filed for record on Mazch 26`h 1953 in Book 220 at <br />Page 32 in the Office of the :ian Miguel County Recorder's Office, it states in item labeled #3 in <br />the said deed the following: "That with respect to all easements for rights of way or easements <br />for railroad structures obtained by the Rio Grande Southern Railroad Company over United <br />States Lands or public domain pursuant to the Federal statute on March 3, 1975 as Title 43, <br />United States Code Annotated, Section 934, et seq., or other similar laws, it appearing that upon <br />the entry of a decree of abandonment of said railroad said rights of way and easements will <br />revest in the United States as• provided by Federal Laws". <br />The reason given in the above deed from Pierpont Fuller, Jr., Receiver of the R.G.S.R.R. Co. to <br />the Department of Highways, State of Colorado that the abandoned railroad right of way can not <br />be sold is as follows: "...It finds that said interests (i.e., rights of way & easements granted by <br />permit by the US Government on public lands to the Railroad) in real estate have no market <br />value or appraisable value as much as they cannot be conveyed or disposed of by the Receiver <br />except"....to the Department of Highways if they want to use the abandoned railroad rights of <br />way and easements for highway purposes as is allowed in the Federal Aid highway projects of <br />the time. <br />This opinion that the rights of way and easements acquired by permit on US Government lands <br />have no value because upon abandonment, they revest in the ownership of the US Government, <br />is further discussed in the coi.u~t case that forced the sale of the assets of the RGSRR to pay its <br />unpaid bills. <br />