Kilpatrick v. Snow Mountain Pine Co‪.‬

[105 OrApp Page 242] Plaintiffs brought an action for conversion and trespass against defendants. The critical issue is the ownership of an abandoned railroad line.1 The court granted defendants' a summary judgment, and plaintiffs appeal. We affirm. The facts are not disputed. In 1927, plaintiffs' predecessor in title deeded to defendants' predecessors in title an interest in a strip of land 90 feet wide and 7 miles long for a railroad right-of-way. The deed provided that the land was to be used for railroad purposes only and, in the event of abandonment of the premises or cessation of its use as a railroad, all rights of the grantee ""shall be deemed terminated and shall revert to the"" grantors. In 1988, the Interstate Commerce Commission allowed abandonment of the railroad line.