Section 37 Rights Upon Abandonment by Condemnor

• Library: Condemnation Practice 2009

There is a general rule of law that if an easement is condemned for right-of-way and is later abandoned, the underlying fee is presumed to pass to the abutting property owners out to the centerline of the right-of-way. St. Louis County v. Delbet Inv. Co., 469 S.W.2d 951 (Mo. App. E.D. 1971). This presumption can be rebutted, but only by showing that the entire right-of-way or easement was actually taken entirely from only one of the abutting owners.

A similar presumption arises when there is a conveyance for right-of-way purposes. In the case of a conveyance, the presumption is that the fee remains in the owners at the time of the conveyance and their successors in title, subject to the easement. City of Columbia v. Baurichter, 729 S.W.2d 475 (Mo. App. W.D. 1987). Unless there is contrary evidence, when a grantor conveys title to land abutting a right-of-way, the intent is to convey to the centerline of that right-of-way. Furthermore, any structure remaining on the right-of-way after the abandonment becomes the property of the owner of the underlying fee, and the right of the condemnor to re-enter and take back the property does not survive abandonment. Mo. Pac. Ry. Co. v. Bradbury, 79 S.W. 966 (Mo. App. W.D. 1904).

There are also changes in the statute that may limit a condemnor’s decision to abandon property. According to § 523.259.1, RSMo Supp...