Nowling v. BNSF RAILWAY

VANDE WALLE, Chief Justice.

[¶ 1] Bill Slominski, doing business as Minto Grain, LLC (“Slominski”), appealed from a judgment quieting title to a tract of land to Walter Nowling, Carol Nowling, Rose Misialek, and Julian Lizakowski, as personal representative of the estate of Stephie Lizakowski (“the Nowling group”). We hold a railroad right of way for an operating railroad line is a public highway under N.D. Const, art. XII, § 13 and is not subject to adverse possession or acquiescence. We reverse and remand.

I

[¶ 2] This quiet title action involves competing claims to a rectangular tract of land…