Department of Natural Resources v. Carmody-Lahti Real Estate, Inc

I agree with the majority’s conclusion that plaintiffs property interest is an easement rather than a fee simple. However, I conclude that this Court should not find that the easement was abandoned.

Defendant has not shown that plaintiffs predecessor, the Soo Line Railroad Company, completed the federal regulatory process for abandonment. Therefore, it appears that the rail line remains under the jurisdiction of the Surface Transportation Board1 for future reinstatement of service. If that is the case, defendant may not circumvent federal jurisdiction by obtaining a state court judgment of…