[WSBAPT] railroad property sales in operating right of way

[Doug Owens]

Dear list mates, I have a client who is interested in purchasing land from the BNSF that is within the operating right of way under the Northern Pacific Land Grant Act of 1864 and the railroad is willing to sell.  There is a Supreme Court case from 1903 that says the railroad does not have power to sell such land unless there has been an approved abandonment, which there has not been.  Does anyone have experience with this type of sale and how people have dealt with this case?  Thank you.  Yours truly, Doug Owens