State Ex Rel. Department of Natural Resources v. Hess

Because I believe that Norton v. Duluth Transfer Ry., 129 Minn. 126, 151 N.W. 907 (1915), and Chicago Great W. R.R v. Zahner, 145 Minn. 312, 177 N.W. 350 (1920), are controlling and that the cases cited by the majority are distinguishable from this case in important respects, I respectfully dissent. As noted by the majority, the meaning our court accords “right of way” as used in the 1898 deed is outcome determinative because of the Marketable Title Act (hereinafter “MTA”), which is only applicable to and extinguishes interests that convey title, not easements. Minn. Stat. § 541.023 (2002).1…