California Court of Appeal

In this case, plaintiff-railroad (Railroad) and defendant-pipeline (Pipeline) clashed over rent due from the Pipeline for the continued use of the Railroad's subsurface easements. Judgment entered in favor of the Railroad reflecting back rent due in excess of $14 million per year, plus $20 million in interest, is affirmed as to the trial court's ruling declining to apply collateral estoppel and reversed and remanded as to the remaining issues, where: 1) the pre-1871 and 1875 Congressional Acts, by themselves, did not convey a sufficient property interest to the Railroad to justify its collecting rent on the Pipeline's subsurface easements; and 2) the Railroad has the burden to prove what parcels were the "property of the railroad" from 2004 through 2014 before it can collect rent from the Pipeline for easements traversing those parcels during that period of time.

Appellate Information

• Decided 11/05/2014
• Published 11/05/2014

Judges

• Kussman

Court

• California Court of Appeal

Counsel