Nelson v. Montana Rail

Summary

The Court affirmed summary judgment rejecting Nelson’s claim to a prescriptive easement over a railroad right of way conveyed under the 1864 federal land grant. It held that the grant created a limited fee for the railroad’s exclusive use and control, subject to reversion to the United States, making private acquisition of an easement inconsistent with the grant. The Court also declined to consider Nelson’s argument concerning possible future abandonment because that issue was speculative and not ripe.