Supreme Court of Florida

Stephen J. Rogers, Appellants v. the United States of America, Appellee

November 5, 201540 Fla. L. Weekly Supp. 620

Summary

The court answered three certified questions in the negative, holding that neither the applicable railroad statute, Florida state policy, nor the surrounding factual circumstances limited the railroad’s fee-simple interest conveyed by clear deeds. Because the deeds conveyed fee-simple title for valuable consideration, the abutting landowners retained no property interest that could support their takings claims. The case was remanded to the certifying federal appellate court for further proceedings.