Chicago, Rock Island & Pacific Railroad v. Morgan

I do not agree with that portion of the majority decision in which it is determined that the defendant railroad has only an easement in the 200 foot wide strip of land extending across the property and that, subject only to this easement, the-plaintiffs own the fee title therein, specifically including the mineral estate underlying said land. It is my opinion that,, under the present circumstances, the railroad owns the fee simple title to the strip-of land including all the mineral estate therein.

The condemnation proceeding of the-railroad’s predecessor was in 1901 and was. *274pursuant to Art.…