Legal Opinion

Brown v. Northern Hills Regional Railroad Authority

South Dakota Supreme Court

Decided May 16, 2007No. 23989PublishedCited by 6 opinions

1Opinion of the Court

MEIERHENRY, Justice.

[¶ 1.] Charles W. Brown sued Northern Hills Regional Railroad Authority, et al. (NHRRA) to quiet title to a railroad right-of-way (ROW) running across his land in Lawrence County, South Dakota. Both the railroad ROW and Brown’s land originally were grants from the federal government.

[¶ 2.] The railroad ROW was established by the General Railroad Right-of-Way Act of 1875 (1875 Act) (codified at 43 U.S.C. § 934), which granted right-of-way corridors across public lands to several railroads including the Fremont, Elkhorn, and Missouri Valley Railroad Company (FEMV). Under the…

2Cases cited11 opinions

  1. United States v. PriceSupreme Court of the United States · 1960
  2. United States v. SchurzSupreme Court of the United States · 1880
  3. Great Northern Railway Co. v. United StatesSupreme Court of the United States · 1942
  4. Leo Sheep Co. v. United StatesSupreme Court of the United States · 1979
  5. Swendig v. Washington Water Power Co.Supreme Court of the United States · 1924

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3Cited by6 opinions

  1. Thompson v. United StatesUnited States Court of Federal Claims · 2011
  2. Hinojos v. LohmannColorado Court of Appeals · 2008
  3. Murphy v. BurchCalifornia Supreme Court · 2009
  4. Swaby v. Northern Hills Regional Railroad AuthoritySouth Dakota Supreme Court · 2009
  5. Jennifer Ann Larkins-Ruby v. Sealy Independent School District, Texas Court of Appeals, 1st District (Houston)2020

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