Simacek v. York County Rural Public Power District

The plaintiffs, Albert Simacek, Patty Simacek, and Blanche J. Simacek, are the owners of a quarter section of farmland in Fillmore County, Nebraska. In 1887 Hiram L. Smith, a predecessor in title, conveyed to the Fremont, Elkhorn and Missouri Valley Railroad Company “for the purpose of constructing a Railroad thereon, and for all uses and purposes connected with the construction and use of said Railroad, a strip of land One Hundred feet in width” over and across the land owned by the plaintiffs. The deed provided that in the event the railroad right-of-way was abandoned, it would revert to…