9.39 Railroad Rights-of-way

• Library: Real Estate Practice Deskbook (2019 Ed.)

5. (§9.39) Railroad Rights-of-Way

Railroads can acquire fee simple title to property by general warranty deed without restriction when a valuable consideration is paid. See Schuermann Enters., Inc. v. St. Louis County, 436 S.W.2d 666 (Mo. 1969). But if there is any hint or indication that the acquisition was for right-of-way—whether by condemnation, voluntary grant, or conveyance in fee—or that a valuable consideration was not paid, the railroad's interest will be limited to that of an easement. See, e.g., id . at 667–68; Brown v. Weare, 152 S.W.2d 649, 652 (Mo. 1941). The courts look at three factors

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