U.S. Supreme Court Voids Northern Pacific Land Sales
A landmark ruling leaves homeowners and farmers on railroad land in legal limbo, requiring an act of Congress to resolve.
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A copy of the most important decision affecting property along the right-of-way of the main line of the Northern Pacific in this state, handed down by the United States Supreme Court, has been received here. It holds that the railroad company has no power to sell any of the land granted to it by the government under franchise for a right-of-way, and that title cannot be gained by adverse possession. In this state, particularly in the vicinity of Spokane, the Northern Pacific has disposed of parts of its right-of-way grant, and in many instances homes have been erected by the purchasers. The result is that all titles so held by purchasers are void. The only way the defect can be remedied is by the passage of a special act of Congress authorizing the railroad company to sell any part of its right-of-way. In the meantime, persons occupying the lands involved will remain as they are until the authority to sell has been granted.
“In effect it holds that the railroad company has no power to sell any of the land granted to it by the government under franchise for a right-of-way.”
This ruling highlights the complex and often precarious nature of railroad land grants that still impact property laws in the Pacific Northwest. Today, legal battles over easements and rights-of-way remain a contentious issue for homeowners and land developers across the region.
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