Samuel C. Johnson 1988 Trust v. Bayfield County, Wisc.

Dist. Ct. erred in granting judgment as matter of law in favor of defendant-County in action by plaintiffs to quiet title to their land when defendant sought to build snowmobile trail on abandoned railroad right of way across plaintiffs' lands. While defendant argued that it owned right of way by virtue of 1852 and 1922 federal statutes, record showed that applicable railroad had not complied with 1852 statute, and any abandoned railroad easement reverted back to plaintiffs' predecessors, as opposed to federal govt. Thus, defendant will need to either purchase instant right of way from plaintiffs or acquire it by exercise of its condemnation powers.