Legal Opinion

Quality AG Service of Iowa, Inc. v. Burlington Northern & Santa Fe Railway

Court of Appeals for the Eighth Circuit

Decided October 30, 2015No. 14-3025Published

1Opinion of the Court

MURPHY, Circuit Judge.

The question in this appeal is which party owns a particular sidetrack in Mel-rose, Iowa. The sidetrack is adjacent to two railroad tracks belonging to Burlington Northern Santa Fe Railway (“BNSF”) and also to the property of Quality Ag Service of Iowa (“Quality Ag”). Quality Ag contends that it owns the sidetrack by means of adverse possession due to its continuous possession of the sidetrack from August 25, 2000 to August 25, 2010. BNSF has stored equipment on the sidetrack since one of its trains derailed near it on August 3, 2010.

Quality Ag alleges that BNSF has…

2Cases cited4 opinions

  1. Margeson v. ArtisSupreme Court of Iowa · 2009
  2. Carpenter v. RupertoSupreme Court of Iowa · 1982
  3. Kevin Jones v. Mark FrostCourt of Appeals for the Eighth Circuit · 2014
  4. Huebner v. KuberskiCourt of Appeals of Iowa · 1986

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