easement preseault v US.doc - The property interests \u00b7Why should we feature out the proper interest of the Railroad Co If the Railroad obtained fee

easement preseault v US.doc - The property interests...

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The property interests ·Why should we feature out the proper interest of the Railroad Co.? If the Railroad obtained fee simple title and the title inures( 起 作 用 ) to its successors, the [P]: -would have no right or interest and -have no claim related to the land for a taking If the Railroad acquired only easement for use and the uses did not include public recreational trails, or if the easement which is prior to their conversion to trails had been extinguished by operation of law, the [P] would -have unfettered ( 无拘无束的,被除去脚镣的 ) fee simples , and -the argument of the [P] becomes viable ( 可行的 ) Three determinative issues: (1) . Did the railroad acquired only easement? Or did it obtain fee simple estate in 1899? (In 1899, the Railroad acquired the right-of-way on the land.) Ans: When a railroad for its purposes acquires an estate in land for laying track and operating railroad equipment thereon, the estate acquired is no more than that needed for the purpose, and that typically means an easement , not a fee simple estate.
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  • Spring '17
  • Dr. Zhang
  • Fee simple, Railroad Co, proper interest of the Railroad Co.

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