Kozak v. State, Game and Parks Commission

This is an appeal from the sustaining of appellee’s motion for a summary judgment dismissing the ejectment action filed by the appellants and overruling appellants’ motion for summary judgment. We affirm.

In 1886, the Chicago, Kansas and Nebraska Railway Company extended its right-of-way through southeastern Nebraska in Pawnee and Gage counties. The railroad purchased part of the right-of-way and the remainder was condemned. The right-of-way, consisting of 14.13 acres taken out of the south half of Section 3, Township 3, Range 8, Gage County, Nebraska, was condemned. The property involved…