Department of Public Works & Buildings v. Schmauss

Mr. PRESIDING JUSTICE THOMAS J. MORAN

delivered the opinion of the court:

The railroad appeals from an order which granted the proceeds of a condemnation award to the individual defendants, advancing four contentions: (1) its interest is tantamount to fee simple title because of its right to perpetual and exclusive possession; (2) as owner of the possessory interest in the land, it is entitled to all of the condemnation award; (3) condemnation does not operate as an “abandonment” of the use of the land; (4) it acquired fee simple title through an 1858 instrument.

By an order dated May 15, 1970,…