State v. Beeson

OPINION

TERRY McCALL, Justice.

This appeal arises from a lawsuit filed by appellees (landowners) against the State of Texas to establish an easement across an abandoned railroad right-of-way that adjoins their property. The landowners contend that they possess an easement by necessity or, alternatively, a prescriptive easement to cross the railroad right-of-way in order to access a public road that runs along the opposite side of the railroad right-of-way. After considering the parties’ competing motions for summary judgment, the trial court determined that the landowners established both of…