Weiser v. Union Pacific Railroad

WILKINS, Justice:

INTRODUCTION

¶1 In this direct appeal we are asked to determine the effect of a filed but unperfect-ed pre-emption claim on the conveyance of property to the Utah Central Railroad Company under a perfected right-of-way grant by Act of Congress in 1870. Under federal law, a general right-of-way grant to a railroad is effective against pre-emptions that have only attached, but not against those that are perfected. In this case, the railroad grant is superior to the individual pre-emption claim advanced by Weiser. Accordingly, we affirm the decision of the district court finding…