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SE Ia |
In the late 70’s a corporation bought a short rail spur line from a large rail road Co. in southeast Iowa. They operated as a railroad for a couple years. They then closed the line removed the rails, ties and started to sell off the right of way. The wording in the original deed conveyed to the builder of the/a railroad 50 feet on either side of the rail. In 1983 the Supreme Court of Iowa agreed with lower court rulings that when the rail was removed there was no 50’ either side of a rail so what was the right of way went back to the owner of whoever currently owned the original parcel. I’m not a lawyer and am giving the farmers understanding of the ruling I would guess that others are right and legally what was originally conveyed was an easement.
It does appear that today the state or county can somehow claim a railroad right of way, as conveyed above, for a trail of some kind. I do think I would do some research before buying a right of way going through or on the edge of a parcel that wasn’t once part of a parcel I own.
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Railroad abandonment
