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Rolison v. Georgia Cent. Ry. LP

Railroad's right-of-way was not presumed to be the maximum width allowed by law because defendants presented evidence which put the width of the right-of-way in question.

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This case concerns the width of a railroad right-of-way. The railroad claims its right-of-way extends 200 feet, i.e., 100 feet on either side of the centerline. The Rolisons and the Hardens, adjoining landowners, assert the railroad’s right-of-way extends 100 feet, i.e., 50 feet on either side of the centerline. Finding the right-of-way to be 200 feet wide as a matter of law, the trial court awarded summary judgment to the railroad. We reverse.

The railroad’s predecessors began operating a railroad along the right-of-way in 1888, just a few years before the Rolisons’ and Hardens’ predecessors took title to their property. The right-of-way has been in continuous use since that time. Although the predecessors of other adjoining landowners gave the railroad’s predecessors deeds specifying that the railroad’s right-of-way is 200 feet wide, no such deeds were granted by the predecessors of the Rolisons and Hardens.

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