[WSBARP] Adverse possession against Railroad

[Rod Harmon]

Mark:
I looked at those cases and they support the notion that you can’t adversely possess against a railroad.  Northern Pacific Railway Co. v. Ely was a US Supreme Court case in 1905 that reversed the Supreme Court of Washington.  The other two cases were circuit court cases applying the the Interstate Commerce Commission Termination Act of 1995 (ICCTA), which inter alia abolished the Interstate Commerce Commission (ICC) and established the Surface Transportation Board (STB) as its successor agency.  I did not read closely enough to determine whether that statute applied if the railroad was not interstate.  So I would say your AI did a good job.

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<http://www.rodharmon.com/>
   rodharmon at msn.com<mailto:rodharmon at msn.com>

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Mark McClure
Sent: Tuesday, January 7, 2025 12:18 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Adverse possession against Railroad
Importance: High

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.



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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto: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<http://www.rodharmon.com/>
   rodharmon at msn.com<mailto:rodharmon at msn.com>

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto: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<mailto: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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