Emerald Equities, Inc. v. Hutton

GRIMES, Acting Chief Judge.

This is an appeal from a final summary judgment determining the appellees to be the fee simple owners of the entire right of way of an abandoned county road. We affirm.

In 1963 the appellees’ predecessor in interest, Janssen Dairy, Inc., conveyed the west fifty feet of its land to Polk County for no compensation. The deed contained no reservation or reverter, but it is undisputed that the land was conveyed to enable the county to construct King Road along the fifty foot strip. Appellant’s land lies immediately to the west of the fifty foot strip. Twelve years later,…