Carr v. Burlington Northern, Inc.

Andersen, J.—

Facts of Case

At issue in this case is the right of a grantor's successor to repurchase land which had ceased to be used for a railroad right-of-way, which land the grantor had conveyed to a railroad in 1899 for right-of-way purposes.

By warranty deed, the grantor conveyed the fee to the 9 1/3 acres of property in question to a railroad to be used for purposes of a railroad right-of-way. The deed provided that if the right-of-way was ever abandoned and ceased to be used as a railroad right-of-way, then and in that event the grantor or the grantor's successor would have the right…