Section 22 Railroad Rights-of-Way

• Library: Real Estate Fundamentals 2011

Railroads can acquire fee simple title to property by general warranty deed without restriction when a valuable consideration is paid. Schuermann Enters., Inc. v. St. Louis Cnty., 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 to determine...