State ex rel. Evans v. Spokane International Railroad

DONALDSON, Justice.

In 1908 the State of Idaho executed a warranty deed granting a 200' easement or right-of-way across school endowment land to the defendant-respondent, Spokane International Railroad Company (hereinafter “Spokane”). In 1923, the State of Idaho executed a second warranty deed which extended the easement 100', making the easement 300' wide. The easement was granted for the purpose of constructing and maintaining a railroad track roadbed and Spokane has maintained a railroad track over the easement since 1908.

Between 1968 and 1972, Spokane removed gravel and fill material from…