State, Department of Highways v. Crosby

I disagree with the majority’s conclusion that the reservation for highways provided for by 48 U.S.C.A. § 321d has no applicability to the patent in issue. In my opinion neither the legislative history of the 1947 act nor construction of the language “taken up, entered, or located” supports the conclusion that the 1947 act is inapplicable to sales of land under the Federal Small Tract Act of June 1, 1938.

The patent which was issued on December 3, 1953, to appellees’ predecessor in interest contained four reservations relevant to this appeal. The pertinent portions of the patent disclose that…