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BROWN v. NHRRA

No. 23989.

732 N.W.2d 732 (2007)

2007 SD 49

Charles W. BROWN, Plaintiff and Appellant, v. NORTHERN HILLS REGIONAL RAILROAD AUTHORITY and State of South Dakota, Defendants and Appellees. Karl E. Eisenbacher; Douglas R. Hayes; Kristi Jo Hayes; John R. Miller; Jean Miller; Strawberry Hill Mining Company; Maurice Hoffman; Lawrence County, a political subdivision of the State of South Dakota; and all persons unknown who have or claim to have any interest or estate in or encumbrance upon the premise described in the Complaint or any part thereof, Defendants.

Supreme Court of South Dakota.

Decided May 16, 2007.

Attorney(s) appearing for the Case

Kenneth R. Dewell of Johnson Eiesland Law Offices, Rapid City, South Dakota, Attorneys for plaintiff and appellant.

Thomas E. Brady of Brady Pluimer, P.C., Spearfish, South Dakota, Attorneys for plaintiff and appellees.

MEIERHENRY, Justice.

[¶ 1.] Charles W. Brown sued Northern Hills Regional Railroad Authority, et al. (NHRRA) to quiet title to a railroad right-of-way (ROW) running across his land in Lawrence County, South Dakota. Both the railroad ROW and Brown's land originally were grants from the federal government.

[¶ 2.] The railroad ROW was established by the General Railroad Right-of-Way Act of 1875 (1875 Act) (codified at 43 U.S.C. § 934), which granted...

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