Marlow v. Malone

734 N.E.2d 195, 315 Ill. App. 3d 807, 248 Ill. Dec. 487
Appellate Court of Illinois·Decided August 3, 2000·No. 4-99-1024·Published·Cited by 16 cases

Opinions

JUSTICE MYERSCOUGH

delivered the opinion of the court:

In May 1993, plaintiffs, Fleta R. Marlow, H. Glenn Marlow, Kathryn Sronce, Janice Niblack, Donna Levitas, and Harold W. Marlow, filed a complaint against defendants, LaVerne Malone, Sharon Malone, William C. Edwards, Bertha Alice Edwards, and Darrell Miller, asking the trial court to quiet title regarding a railroad right-of-way. In December 1998, the trial court dismissed plaintiffs’ second-amended complaint with prejudice for failure to state a cause of action. 735 ILCS 5/2 — 615 (West 1998). Plaintiffs appeal, claiming that the trial court erred when it misinterpreted section 912 of Title 43 of the United States Code (section 912) (43 U.S.C. § 912 (1994)) as not giving them title to an abandoned railroad right-of-way as adjacent landowners. We affirm.

I. BACKGROUND

A. Procedural History

In May 1993, plaintiffs filed a complaint, asking the trial court to quiet title to a railroad right-of-way in their favor. Plaintiffs’ original complaint alleged that (1) from 1967, plaintiffs owned property west of the Illinois Central Railroad Company (ICR) right-of-way running through section 26 in De Witt County; (2) in 1986, ICR abandoned the right-of-way; (3) when ICR abandoned the right-of-way, plaintiffs became the fee simple owners of the half of the right-of-way lying west of the right-of-way centerline by operation of section 912; (4) in 1988, ICR purported to convey this right-of-way to William C. Edwards; (5) thereafter, Edwards purported to convey his interest to the other defendants; and (6) because plaintiffs owned the right-of-way, defendants were unlawfully possessing the disputed area. In July 1993, defendants filed a motion to dismiss for failure to state a cause of action.

In October 1993, before the trial court ruled on defendants’ motion to dismiss, plaintiffs filed a first-amended complaint, alleging essentially the same claims outlined in their original complaint. In November 1993, defendants filed a motion to dismiss plaintiffs’ first-amended complaint for failure to state a cause of action. By the docket entry dated July 8, 1994, the trial court granted defendants’ motion to dismiss, stating: “For plaintiff[s] to sustain a cause of action, [they] must allege a fee interest in the abandoned right[-]of[-]way, which by [their] complaint [they have] failed to do” and that “[i]t is not sufficient to allege *** title to property adjacent to the abandoned right[-]of[-] way. ’ ’

In August 1994, plaintiffs filed a motion to reconsider. After a hearing, the trial court denied plaintiffs’ motion to reconsider by docket entry dated October 7, 1994.

In November 1994, plaintiffs filed a second-amended complaint, alleging nearly identical claims as those asserted in their previous complaints. Later that month, defendants filed a motion to dismiss plaintiffs’ second-amended complaint. By docket entry of December 16, 1998, the trial court dismissed plaintiffs’ second-amended complaint with prejudice. 735 ILCS 5/2 — 615 (West 1998). Plaintiffs filed a motion to reconsider in January 1999. In October 1999, plaintiffs filed a motion for leave to file a third-amended complaint instanter.

In December 1999, the trial court conducted a hearing regarding plaintiffs’ motion to reconsider the dismissal of plaintiffs’ second-amended complaint and plaintiffs’ motion for leave to filed a third-amended complaint. After hearing arguments, the trial court stated that it “[believed] that the focus and the key to the issue [was] title” and that “under [section 912] *** if a right-of-way is abandoned for railroad purposes, the title [vests] in the person or the corporation, the entity who owned the land underlying or traversed by the right-of-way.” The trial court denied plaintiffs’ motion to reconsider and also denied plaintiffs’ request to file a third-amended complaint with prejudice. Plaintiffs appealed.

B. Historical Background of Section 912

Plaintiffs claim title to the right-of-way by operation of section 912. Accordingly, we must review the background of section 912 to fully understand the issues.

In the second half of the 1800s, Congress began to pass legislation to encourage the expansion of railroads by offering rights-of-way across federal lands. Idaho v. Oregon Short Line R.R. Co., 617 F. Supp. 207, 210 (D. Idaho 1985). In the 1850s, Congress enacted bills that explicitly granted public lands to aid the construction of a cross-country railroad. Barney v. Burlington Northern R.R. Co., 490 N.W.2d 726, 729 (S.D. 1992); Act of September 20, 1850, 9 Stat. 466 (1850). Railroad lines were first built connecting southern states to Illinois. Barney, 490 N.W.2d at 729. Afterward, prompted by the California gold rush, Congress urged the railroads to extend into the western United States. Barney, 490 N.W.2d at 729. Against this 1850-60s backdrop, Congress’ legislative initiatives included generous grants of land to accompany the rights-of-way along the transcontinental railroads. Idaho, 617 F. Supp. at 210. Congress granted the railroads additional land from the public domain for the rail companies to sell and, thereby, generate revenue to subsidize the railroad construction. Barney, 490 N.W.2d at 729. The right-of-way presently in dispute was located along one of these sections of land sold by the railroad to finance the rail system.

As railroad lines were further developed, consolidated, or rerouted, railroad rights-of-way were abandoned, leaving the use and ownership of the land questionable. Several court decisions emerged addressing the disposition of the lands within various abandoned rights-of-way. Specifically, in 1903, the United States Supreme Court ruled that the United States’ right-of-way grants contained an implied reversionary interest in the federal government in rights-of-way eventually abandoned by a railroad. Northern Pacific Ry. Co. v. Townsend, 190 U.S. 267, 271, 47 L. Ed. 1044, 1047, 23 S. Ct. 671, 672 (1903). Subsequently, in 1914, the United States Court of Appeals for the Ninth Circuit stated that the Supreme Court’s opinion in Townsend reflected Congress’ intent that abandoned rights-of-way should revert to the federal government. H.A. & L.D. Holland Co. v. Northern Pacific Ry. Co., 214 F. 920, 923 (9th Cir. 1914).

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Marlow v. Malone, 734 N.E.2d 195, 315 Ill. App. 3d 807, 248 Ill. Dec. 487 (Ill. Ct. App. 2000).

734 N.E.2d 195 (Marlow v. Malone) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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