[WSBARP] Adverse possession against Railroad

[Mark McClure]

This is what Google’s AI says (I’d double check the cites):



Federal law preempts adverse possession claims against railroad rights of
way. This is because Congress intends to maintain the national railway
network, and allowing adverse possession claims could put rail carriers at
risk of losing land they need to operate.



Some cases that support this conclusion include:

·

·         *Norfolk S. Ry. Co. v. Dille Rd. Recycling, LLC*: This case
determined that federal law preempts adverse possession claims.

·         *Skidmore v. Norfolk S. Ry. Co.* This case determined that the
Termination Act preempts adverse possession claims against railroad rights
of way.

·         *Northern Pacific Railway Co. v. Ely*: This case determined that
individuals cannot acquire land by adverse possession for private purposes.

A railroad right of way is a physical right-of-way that includes the routes
taken by a railroad.







*Mark C. McClure* *| *
*Managing Attorney *Law Office of Mark McClure, PS

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*From:* wsbarp-bounces at lists.wsbarppt.com [mailto:
wsbarp-bounces at lists.wsbarppt.com] *On Behalf Of *Rod Harmon
*Sent:* Tuesday, January 7, 2025 12:12 PM
*To:* WSBA Real Property Listserv
*Subject:* Re: [WSBARP] Adverse possession against Railroad



“State-owned land is statutorily protected from claims of adverse possession.
Under RCW 4.16.160, the statute of limitations for adverse possession will
not run against the State or city acting in its governmental capacity.” *Gorman
v. City of Woodinville*, 175 Wn.2d 68, ¶ 6 (2012).  I don’t see similar
protection for a railroad.





Rod Harmon



*RODNEY T. HARMON*

*       Attorney at Law*

         P.O. Box 1066

      Bothell, WA   98041

     Tel:   (425) 402-7800

     Fax:  (425) 458-9096

    www.rodharmon.com

   rodharmon at msn.com



*From:* wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
*On Behalf Of *Craig Gourley
*Sent:* Monday, January 6, 2025 9:18 PM
*To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
*Subject:* [WSBARP] Adverse possession against Railroad



Listmates. I fat fingered and accidentally hit send.



My gut feeling is that one cannot  adversely possess against a railroad.
Anyone have authority confirming or overriding my substantial gut?⁵ thanks!





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