Madison County Board of Education v. Illinois Central Railroad

728 F. Supp. 423, 1989 U.S. Dist. LEXIS 15779
CourtDistrict Court, S.D. Mississippi
DecidedDecember 21, 1989
DocketCiv. A. No. J88-0460(B)
StatusPublished
Cited by3 cases

This text of 728 F. Supp. 423 (Madison County Board of Education v. Illinois Central Railroad) is published on Counsel Stack Legal Research, covering District Court, S.D. Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Madison County Board of Education v. Illinois Central Railroad, 728 F. Supp. 423, 1989 U.S. Dist. LEXIS 15779 (S.D. Miss. 1989).

Opinion

MEMORANDUM OPINION AND ORDER

BARBOUR, Chief Judge.

This cause is before the Court on the Motion of defendant Illinois Central Railroad Company (“ICRR”) for Summary [424]*424Judgment pursuant to rule 56 of the Federal Rules of Civil Procedure. The Plaintiff Madison County Board of Education (“Madison County”) has responded to the Motion, and the Court, having considered the motion and response together with memo-randa of authorities and attachments thereto, is of the opinion that there exist no genuine issues of material fact, and that the Defendant ICRR is entitled to judgment as a matter of law.

UNDISPUTED FACTS

This suit involves a rather straightforward title dispute between ICRR and Madison County over a 200-foot right-of-way for railroad tracks through sixteenth section lands in Madison County, Mississippi. ICRR maintains that it is the owner of the right-of-way in fee simple by virtue of a charter of February 17, 1882, wherein the Legislature of the State of Mississippi granted the predecessor of ICRR, the Ya-zoo and Mississippi Valley Railroad Company (“Y & MVRR”), a right of way to be located wherever the railroad chose to lay its tracks, and by virtue of the subsequent merger of the two railroads. The provisions of the Y & MVRR’s charter provided:

WHEREAS, the construction of railroads in, through and along the Mississippi River Basin, and the Yazoo and Sunflower Basins, penetrating these and other alluvial lands in this state, west of the Chicago, St. Louis and New Orleans Railroad, and connecting them by railroads and branches with other railroads west, east, north and south, is deemed and hereby declared to be a work of great public importance and in strict accordance with the true policy and interest of this state, should be encouraged by legislative sanction and liberality ...
....
NOW, THEREFORE, in order to induce the investment of capital in the construction, maintenance and operation of such a railroad and branches, and thus develop the resources and wealth of this state:
....
BE IT ... ENACTED that the right-of-way is hereby granted said company to pass in and through the State of Mississippi with said railroads, branches, spurs and laterals aforesaid, and to enter upon and use all lands, rocks, timber, earth, sand, gravel, water and other materials, which may belong to the State of Mississippi, and be convenient and necessary for the use of said railroad; and wherever said railroads or the branches, spurs or laterals aforesaid are located over any lands belonging to this State, title in fee simple to 100 feet on each side of the center of said railroad track or tracks shall vest in said company, its successors and assigns....

1882 Miss.Laws Chap. 541 (emphasis added).

The Charter further gave Y & MVRR three years within which to earn its right-of-way by completing construction of at least twenty miles of track and provided that the legal description to the right-of-way would be established by survey after the track had been laid. 1882 Miss.Laws Chap. 541, § 13.

This controversy centers around the validity of the grant to the railroad in 1882. Madison County brings this suit pursuant to sections 29-8-1 and 29-3-3 of the Mississippi Code as trustee of the sixteenth section school land trust within the Madison County School District. Section 29-3-1 provides:

(1) Sixteenth section school lands, or lands granted in lieu thereof, constitute property held in trust for the benefit of the public schools and must be treated as such. The board of education under the general supervision of the state land commissioner, shall have control and jurisdiction of said school trust lands and of all funds arising from any disposition thereof heretofore or hereafter made. It shall be the duty of the board of education to manage the school trust lands and all funds arising therefrom as trust property. Accordingly, the board shall assure that adequate compensation is received for all uses of the trust lands, except for uses by the public schools....

[425]*425Miss.Code Ann. § 29-3-1 (Supp.1989). Section 29-3-3 provides:

The board of education may employ one (1) or more competent persons to ascertain the true condition of the title and to institute and prosecute, in the chancery court of the county where the land lies, all necessary suits to establish and confirm the title to each parcel of such land and to fix the date of the expiration of any lease of the same. If any person claim any of said land in fee simple or upon any other terms than that of a lease to expire at a fixed date with absolute reversion to the state in trust, or if the title to such lands rest in parol by destruction of records or otherwise, suit shall be instituted at once or as soon as practicable to test the legality of such claims or to re-establish the lost record.

Miss.Code Ann. § 29-3-3 (Supp.1989).

Madison County asserts that the grant to the railroad violated the obligation of the state pursuant to the sixteenth section school land trust created under the compact of April 18,1802, between the State of Georgia and the United States by which Georgia ceded territory for the creation of new states. By means of the Act of 1802, Georgia ceded the territory now comprising the states of Mississippi and Alabama to the United States, on condition that when these territories developed sufficient population they would be admitted to the Union as states under the same terms and conditions as those states admitted to the Union pursuant to the Northwest Ordinance. Both the Northwest Ordinance and the Act of 1802 called for the territory to be divided into townships having thirty-six numbered sections and required that the sixteenth section of each township be used for the support of the public schools within each township.

Madison County argues that the legislature in 1882 either lacked the power to convey the right-of-way or never intended to convey any land constituting school trust lands in the 1882 charter or that the land in question did not “belong” to the state as that term is used in the charter. Madison County seeks to have the grant of title invalidated and to collect damages from ICRR for the back rental value of the right-of-way.

ICRR argues, on the other hand, that if it does not own the land in fee simple, it at least owns an easement of one hundred feet (fifty feet on each side of the center of the track) pursuant to Miss. Const, of 1890, Art. 4, § 95, and Miss.Code of 1892 §§ 3577 and 3590. These provisions state in pertinent part:

Section 95. Lands belonging to, or under the control of the State, shall never be donated directly or indirectly, to ... railroad companies. This, however, shall not prevent the legislature from granting a right-of-way, not exceeding one hundred feet in width, as an easement, to railroads across state land, and the legislature shall never dispose of the land covered by said right-of-way so long as such easement exists.
Section 3577. Powers, rights and privileges.

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728 F. Supp. 423, 1989 U.S. Dist. LEXIS 15779, Counsel Stack Legal Research, https://law.counselstack.com/opinion/madison-county-board-of-education-v-illinois-central-railroad-mssd-1989.