Oregon Shortline Railroad Co. v. City of Chubbuck

SHEPARD, Justice.

The Union Pacific Railroad Company operates railroad trains over right of way owned by the Oregon Shortline Railroad Company. That portion of the right of way involved herein runs for approximately one mile through territory comprising the city limits of Chubbuck, Idaho. In addition, the Oregon Shortline also owns a parcel of land 50 feet wide and 435 feet long immediately adjacent to the railroad right of way.

In the year 1956 and again in 1959, the city of Chubbuck attempted to annex the aforesaid railroad property. Such attempts were unsuccessful because of the lack of…