City of Manhattan Beach v. Superior Court

Opinion

ARABIAN, J.

Although the era is long past when railroads dominated the landscape as well as the direction of this country’s industrial, social, and political fortunes, their presence continues in legal struggles over control and ownership of property previously devoted to rail service. Typically, as in this case, the dispute concerns whether the railroad company acquired only an easement in the land over which its tracks once ran or a fee simple interest it can rightfully convey to others for nonrailroad uses. Determining the nature of its tenure requires, in the first instance, careful…