City of Louisville v. Louisville Scrap Material Co.

932 S.W.2d 352, 1996 Ky. LEXIS 62, 1996 WL 346501
CourtKentucky Supreme Court
DecidedJune 20, 1996
DocketNos. 94-SC-629-TG, 94-SC-841-TG
StatusPublished
Cited by7 cases

This text of 932 S.W.2d 352 (City of Louisville v. Louisville Scrap Material Co.) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Louisville v. Louisville Scrap Material Co., 932 S.W.2d 352, 1996 Ky. LEXIS 62, 1996 WL 346501 (Ky. 1996).

Opinions

WINTERSHEIMER, Justice.

This appeal is from a summary judgment of the circuit court which held that Water Street was and is a dedicated public way and that the City acquired a 110 foot public railroad easement by condemnation in 1873 and that the three strips of land formerly occupied by CSX had reverted to the City by virtue of abandonment of the public use. The circuit court also held that Louisville Scrap Material Company has a private right of ingress and egress by rail over the property-

The City appeals the decision because it claims that the granting to Louisville Scrap Material the right of a private railway access over the land has no basis in law and materially interferes with the use of the public property by the city for public purposes. Louisville Scrap Material appeals on the grounds that the circuit court improperly resolved disputed issues of material fact, and committed errors of law that require reversal. Louisville Scrap Material does request this Court to affirm that part of the circuit court judgment which gave them a right of reasonable access by rail over the property in dispute.

The question presented on appeal is whether reasonable access to private property includes a right of a private railroad access when such rail access occupies and obstructs a public right of way without consent.

The City originally filed this lawsuit to recover possession of three parcels of land currently occupied by the Louisville Scrap Material Company. The three strips of land in question are located south of River Road, east of First Street, North of Washington Street and west of Jackson Street. Louisville Scrap Material claims that it has fee title to the land. The City contends that it is the owner of the land by virtue of condemnation and dedication as a public roadway.

The City, pursuant to a resolution of the general council, on March 20,1873, instituted a condemnation proceeding against a large number of property owners along Baregrass Creek in order to acquire the property for construction and maintenance of a roadbed, a sewer and a public railway system. The condemnation was successful and on May 6, 1880, the City transferred the property to Louisville, Cincinnati and Lexington Railway Company. Shortly thereafter, the con-demnees began a lawsuit to determine the extent of the land condemned and the extent of the property conveyed to the railroad. Long v. Louisville & N.R. Co., Ky., 51 S.W. 807 (1899), held that the property condemned was 110 feet in width and encompassed the property described in the deed of conveyance and that the City conveyed to the railroad company the right of way so far as it owned the same along the route described. In 1987, CSX, the corporate railroad successor, conveyed all its right, title and interest in the property to Louisville Scrap Material by a quitclaim deed for the sum of $115,264.45.

[355]*355Louisville Scrap Material, claiming it has fee title to the land, has occupied the land since 1987. The City, arguing that the land reverts back to the grantor when it is no longer used for public railroad purposes, contends that Louisville Scrap Material could not have received fee title to the property because CSX abandoned its ownership to the land when it attempted to transfer the title to the real estate to Louisville Scrap Material by virtue of a quitclaim deed. Accordingly, both parties now claim ownership of the real property.

I

The circuit judge properly determined that the city had ownership in the property in question. The evidence in the record indicates that the circuit judge correctly determined that Water Street was and is a dedicated public way and that the City acquired the 110 foot public railroad easement by condemnation in 1873, and that the three strips of land formerly occupied by CSX had reverted to the City by virtue of abandonment by CSX of the public use of the three strips.

Long, supra, held that the City properly condemned the land and paid the required compensation to the abutting landowners pursuant to a condemnation proceeding. Long held that the property condemned was a 110 feet in width and encompassed the property described in the deed to the railroad which is the same property in question today. Long also held that the City plainly conveyed to the railroad company the right-of-way so far as it owned the same along the route described. The circuit judge properly determined that although Long never specifically stated that the City' only conveyed an easement for municipal purposes, the dicta in the case clearly reflects that the intent of the ordinance, the actual condemnation proceedings and the deed itself was to procure and use the land for municipal public purposes.

The circuit judge was correct in holding that the land specified in the deed executed May 6, 1880 between the City and the Railroad, which also encompasses the land in this case, was properly condemned by the City. Therefore the City acquired an easement to the property for as long as the City continued to use the real property for public municipal purposes. See McGee v. City of Williamstown,, Ky., 308 S.W.2d 795 (1958).

In addition, a plan of the City in 1831 prepared and published by the city surveyor shows that Water Street bounded on the east by Preston Street and on the west by Tenth Street. Through a series of deeds identifying Water Street as a boundary to the adjoining land, the existence of the street is traceable to the present day.

The City only acquired an easement through condemnation and as a result the only thing the City could transfer to the railroad is that easement. The deed executed in 1880 granted the railroad only an easement in the property, and not fee simple title to it.

We must now consider the question of reverter when the property ceased to be used for a municipal public purpose. The parties seem to agree that upon abandonment, a railroad right of way reverts to the grantor. Mammoth Cave National Park Assn. v. State Highway Com’n, 261 Ky. 769, 88 S.W.2d 931 (1935). As the circuit judge noted, the parties disagree as to who the grantor is in this case.

Upon the abandonment of property condemned for a public purpose, the party who originally condemned the property reacquires control of the land if the condemning party continued to use the property for a public purpose. However, if the condemning authority ceases to use the property for a public purpose, the real property at that time would revert to the owner in fee simple.

Here, the record shows that the City through transfer of an easement, has continued to use the property for a public purpose from 1880 to 1987 when CSX attempted to transfer the property to Louisville Scrap Material. At that point, the property ceased being used for a public purpose when Louisville Scrap Material claimed ownership of the land. Such a transfer resulted in an abandonment of the property by CSX. Barton v. Jarvis, 218 Ky. 239, 291 S.W. 38 (1927). Thus the City, by operation of law, reac[356]*356quired an easement in the property when CSX attempted to transfer the property to Louisville Scrap Material.

II

Next we turn to the issue of formal proof of dedication. The land has existed as a dedicated public right of way for over 150 years.

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Cite This Page — Counsel Stack

Bluebook (online)
932 S.W.2d 352, 1996 Ky. LEXIS 62, 1996 WL 346501, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-louisville-v-louisville-scrap-material-co-ky-1996.