[DOWNLOAD] "Richard S. Brunt Trust v. Fred R. Plantz" by Court Of Appeals Of Kentucky * Book PDF Kindle ePub Free
eBook details
- Title: Richard S. Brunt Trust v. Fred R. Plantz
- Author : Court Of Appeals Of Kentucky
- Release Date : January 27, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
In the late 1800s, the Terre Haute and Logansport Railroad (railroad) acquired for railroad purposes a right-of-way over five parcels of land. It maintained commercial railroading operations over this right-of-way until conveyance of the right-of-way to Penn Central Corporation (Penn Central). Shortly thereafter, Penn Central abandoned all railroading operations over the right-of-way and conveyed it to the Richard S. Brunt Trust (Brunt). To protect this acquired interest, Brunt filed a complaint for damages and to enjoin the neighboring landowners from removing trees from the right-of-way area. The landowners counterclaimed that the abandonment of railroad operations extinguished the right-of-way giving them unrestricted fee simple title in those portions of the right-of-way area which abuts their land. The trial court agreed with the landowners; it determined that the railroads right-of-way constituted an easement which was extinguished when it was no longer used for railroad purposes.
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