NATIONAL FOREST MANUAL SPECIAL USES. 15 



Service, notwithstanding any permission from the county. It has 

 been generally settled by the courts that telephone lines, when con- 

 structed along a highway, are an additional servitude, and that the 

 owners of abutting land can require compensation for damages 

 through the construction of such telephone lines. The State legisla- 

 ture can empower a county to impose such an additional servitude 

 upon private lands, provided reasonable compensation is paid, but it 

 can give no authority to impose it on the lands of the United States. 



TELEGRAPH LINES. 



Permits are necessary for all telegraph lines within National Forests, 

 even along county roads, as in the case of telephone 

 n? 11 lmes - No char ge f<> r permits will be made if the 



applicant agrees to allow the Forest Service the use 

 of the poles for stringing telephone lines needed by the Forest Service 

 in connection with the administration of the National Forests and to be 

 used exclusively for official business. 



SPECIAL USES ON CLAIMS. 



If a permit is granted to a claimant for special uses on an unper- 

 fected claim for purposes outside its development, no charge will be 

 made if such use is made by the claimant. Before a permit for special 

 uses on an unperfected claim for purposes outside its development is 



f ranted to any other person, the written consent of the claimant must 

 e obtained by the applicant and filed with the supervisor, and the 

 permit will be conditioned upon the payment of the charges fixed by 

 regulation L-33. In each case, before such a permit is issued, it will 

 be submitted to the District Forester for the purpose of obtaining 

 from the District assistant to the Solicitor an opinion whether, under 

 the proclamation affecting the land involved, there is any authority 

 in the Forest Service to issue a permit in respect thereto. (For pro- 

 cedure when claims are occupied and used without permit for pur- 

 poses not consistent with their development, see " Forest Protection.") 



PERMITS ON FOREST HOMESTEADS. 



All persons who settled on agricultural lands in National Forests 

 before January 1, 1906, and have not abandoned 

 tiieir claims > ma y> ^ qualified, perfect title under the 

 Forest homestead act, and in the meantime may 

 occupy and enjoy their holdings without permit. Other applicants 

 under the act, who appear to have the preference right of entry 

 under that act, may be issued permits without charge for the 

 agricultural use of so much of the land applied for as, in the opinion 

 of the supervisor, is chiefly valuable for agriculture, provided that 

 the land is not adversely claimed under settlement made before its 

 withdrawal, or after its withdrawal and before January 1, 1906. 

 When land coyered by a paid agricultural permit is applied for by 

 the permittee under the Forest homestead act, and 

 Payments to ^he permittee is entitled to its free use in accord- 

 tk>n Se under P act C of ai *ce"with the above instructions, the old special-use 

 June 11, 1906. case should be closed immediately and a free permit 

 issued. 



