Legal Opinion
Opinion No. Oag 57-80, (1980)
Wisconsin Attorney General Reports
Decided September 29, 1980Published
1Opinion of the Court
WISCONSIN STATE ASSEMBLY Legislature
By Assembly Resolution No. 25 my opinion has been requested on a series of questions regarding ownership and transfer of mineral rights by railroads. The first question is:(1) Is a railroad corporation authorized to own mineral rights to property which is not necessary for the operation of the railroad under section 190.02 (3) and other relevant sections of the statutes and Case v. Kelly, 133 U.S. 21 (1889), Waldo v. Chicago, St. Paul Fond du Lac Railroad, 14 Wis. 625 (1861) and other relevant cases?
The answer to this question is no.
The statutes referred to…
2Cases cited11 opinions
- Schulenberg v. HarrimanSupreme Court of the United States · 1875
- United States v. Denver & Rio Grande Railway Co.Supreme Court of the United States · 1893
- Rice v. Railroad Co.Supreme Court of the United States · 1862
- Winona & St. Peter Railroad v. BarneySupreme Court of the United States · 1885
- St. Luke's Hospital Ass'n v. City of MilwaukeeWisconsin Supreme Court · 1967
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