They're coming so fast, we can hardly keep up.
Today, in Castillo v. United States, No. 19-1158 (Feb. 20, 2020), the U.S. Court of Appeals for the Federal Circuit resolved a common issue in rails-to-trails takings cases: when a property owner holds title and her deed describes the land as bordering on a railroad line or other easement (or the property is described as a lot in a plat that shows the lot’s “property line” as adjoining a road or railroad easement), does the owner of the adjoining fee estate own the fee interest up to the "centerline" of the right of way?
Applying Florida property law, the court held yes, there is a presumption that the owner's title goes up to the "centerline." The court reversed the Court of Federal Claims's conclusion that the presumption did not apply, and that deeds describing the property as a “less and except” a right-of-way, do not convey title to the fee estate in the land under the right-of-way. Although this case was resolved by applying Florida law, the centerline presumption is present in nearly every other state's property law, and the argument is frequently made by the Government in rails-to-trails cases nationwide that the owner's property stops at the edge of the road. The Federal Circuit's opinion noted that the centerline presumption is a doctrine in every state and has been long a fundamental doctrine of property law the Supreme Court has long recognized.
Congratulations to colleagues Meghan Largent, Thor Hearne, and Stephen Davis for the win. Check it out.
Castillo v. United States, No. 19-1158 (Fed. Cir. Feb. 20, 2020)
