Burlington Northern Railroad Company v. Peter Kmezich Wayne Schoening Kristine Schoening Arthur Sieck, Jr. And Diane Sieck

RICHARD S. ARNOLD, Chief Judge.

The defendants, Peter Kmezich, Wayne Sehoening, Kristine Schoening, Arthur Sieck, Jr., and Diane Sieck (the landowners), appeal from findings of fact and conclusions of law entered against them and in favor of the plaintiff, Burlington Northern Railroad Company. The issue in this ease is whether Iowa law extinguishes a railroad’s property interest in a right-of-way when a railroad “abandons” a railroad line for interstate-commerce purposes pursuant to the Interstate Commerce Act, but continues to use the line for other railroad purposes. The District Court 1…