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STATE v. BEESON

No. 11-05-00064-CV.

232 S.W.3d 265 (2007)

STATE of Texas, Appellant, v. John S. BEESON, Trustee, as Successor-in-Interest to Richard C. Bumstead and Sylvia M. Bumstead, John Beeson, and Paul Sirota, Appellees.

Court of Appeals of Texas, Eastland.

July 19, 2007.

Attorney(s) appearing for the Case

Walter Brocato, Asst. Atty. General's Office, Austin, for appellant.

Charles B. McFarland, Vinson & Elkins, L.L.P., Houston, for appellee.

Panel consists of WRIGHT, C.J., McCALL, J., and STRANGE, J.

OPINION

TERRY McCALL, Justice.

This appeal arises from a lawsuit filed by appellees (landowners) against the State of Texas to establish an easement across an abandoned railroad right-of-way that adjoins their property. The landowners contend that they possess an easement by necessity or, alternatively, a prescriptive easement to cross the railroad right-of-way in order to access a public road that runs along the opposite side of the railroad right-of-way...

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