Hanson Industries, Inc. v. COUNTY OF SPOKAGE

58 P.3d 910 (2002)

HANSON INDUSTRIES, INC., successor in interest to R.A. Hanson Co., Appellant,

v.

COUNTY OF SPOKANE, Respondent.

No. 20847-8-III.

Court of Appeals of Washington, Division 3, Panel Nine.

December 5, 2002.

Gerald R. Neal, Preston, Gates & Ellis, Spokane, WA, for Appellant.

Robert B. Binger, Deputy Prosecuting Attorney, Spokane, WA, for Respondent.

SWEENEY, J.

A deed conveying a right-of-way to a railroad for purposes of constructing a railway is generally construed as granting an easement rather than an estate in fee simple. Hanson Industries, Inc.'s predecessors-in-interest conveyed…