Zielinski v. State

In this declaratory judgment action, plaintiffs seek to compel the state to construct a railroad crossing on their property according to the terms of a 1906 deed. The trial court granted plaintiffs’ motion for summary judgment. Because we agree with the state that plaintiffs’ claim is untimely, we reverse and remand.

This case concerns a parcel of real property located in Marion County. In 1906, the owner, Egan, conveyed to the Oregon Electric Railway Company a 50-foot wide strip of the land (the “right-of-way”) in exchange for $200. The deed contained the following provision:

“The railroad…