reverter clause in Washington

2004App. at 533 (“A railroad right-of-way deed need not, however, contain a reverter clause to effect an automatic reversion to the grantor upon abandonment.”) (citing Veach, 92 Wn.2d at 572-73 ; Lawson, 107 Wn.2d at 452 ; Morsbach, 152 Wash, at 567).

2004Hester, Pipes, Wires, and Bicycles: Rails-to-Trails, Utility Licenses, and Shifting Scope of Railroad Easements From the Nineteenth to the Twenty-First Centuries, 27 Ecology L.Q. 351 , 382 (2000). [30] See, e.g., Hanson Indus., 114 Wash.App. at 533 , 58 P.3d 910 ("A railroad right-of-way deed need not, however, contain a reverter clause to effect an automatic reversion to the grantor upon abandonment") ( citing Veach, 92 Wash.2d at 572-73 , 599 P.2d 526 ; Lawson, 107 Wash.2d at 452 , 730 P.2d 1308 ; and Morsbach, 152 Wash. at 567 , 278 P. 686 ). [31] Even the conclusion that the easement is un

2006While this observation may or may not be true, it does not address the current presence of the underground cable nor the relevancy of RCW 80.36.040. [1] The court in Brown observed that "[t]he statutory form alleviated drafting and interpretation problems manifest under the prior system." Brown, 130 Wash.2d at 437 n. 5, 924 P.2d 908 . [2] The Court of Appeals erroneously concluded that the 1905 deed contains a reverter clause.

2004As Hanson Industries recently explained, "A railroad right-of-way need not, however, contain a reverter clause to effect an automatic reversion to the grantor upon abandonment." Hanson Indus., 114 Wash.App. at 533 , 58 P.3d 910 . [32] Brown, 130 Wash.2d at 442 n. 9, 924 P.2d 908 (citation omitted). [33] Code of 1881, § 2456 provides: Such corporation may appropriate so much of said land as may be necessary for the line of such road or canal, or the site of such bridge, not exceeding two hundred feet in width, besides a sufficient quantity thereof for toll-houses, work-shops, materials for cons

2006While this observation may or may not be true, it does not address the current presence of the underground cable nor the relevancy of RCW 80.36.040. [1] The court in Brown observed that "[t]he statutory form alleviated drafting and interpretation problems manifest under the prior system." Brown, 130 Wash.2d at 437 n. 5, 924 P.2d 908 . [2] The Court of Appeals erroneously concluded that the 1905 deed contains a reverter clause.

2004As Hanson Industries recently explained, "A railroad right-of-way need not, however, contain a reverter clause to effect an automatic reversion to the grantor upon abandonment." Hanson Indus., 114 Wash.App. at 533 , 58 P.3d 910 . [32] Brown, 130 Wash.2d at 442 n. 9, 924 P.2d 908 (citation omitted). [33] Code of 1881, § 2456 provides: Such corporation may appropriate so much of said land as may be necessary for the line of such road or canal, or the site of such bridge, not exceeding two hundred feet in width, besides a sufficient quantity thereof for toll-houses, work-shops, materials for cons

2006The Court of Appeals deemed the deed’s final paragraph to be “a reverter clause that ex pressly states the grant would remain in effect only ‘so long as a railway may be maintained’ by the railroad.” Kershaw Sunny side Ranches, 121 Wn.

2006The Court of Appeals deemed the deed's final paragraph to be "a reverter clause that expressly states the grant would remain in effect only `so long as a railway may be maintained' by the railroad." Kershaw Sunnyside Ranches, 121 Wash.App. at 728 , 91 P.3d 104 (quoting CP at 587).

2004As Hanson Industries recently explained, “A railroad right-of-way need not, however, contain a reverter clause to effect an automatic reversion to the grantor upon abandonment.” Hanson Indus., 114 Wn.

2004Hester, Pipes, Wires, and Bicycles: Rails-to-Trails, Utility Licenses, and Shifting Scope of Railroad Easements From the Nineteenth to the Twenty-First Centuries, 27 Ecology L.Q. 351 , 382 (2000). [30] See, e.g., Hanson Indus., 114 Wash.App. at 533 , 58 P.3d 910 ("A railroad right-of-way deed need not, however, contain a reverter clause to effect an automatic reversion to the grantor upon abandonment") ( citing Veach, 92 Wash.2d at 572-73 , 599 P.2d 526 ; Lawson, 107 Wash.2d at 452 , 730 P.2d 1308 ; and Morsbach, 152 Wash. at 567 , 278 P. 686 ). [31] Even the conclusion that the easement is un

2006Id.

2006The Court of Appeals deemed the deed's final paragraph to be "a reverter clause that expressly states the grant would remain in effect only `so long as a railway may be maintained' by the railroad." Kershaw Sunnyside Ranches, 121 Wash.App. at 728 , 91 P.3d 104 (quoting CP at 587).

2004As Hanson Industries recently explained, "A railroad right-of-way need not, however, contain a reverter clause to effect an automatic reversion to the grantor upon abandonment." Hanson Indus., 114 Wash.App. at 533 , 58 P.3d 910 . [32] Brown, 130 Wash.2d at 442 n. 9, 924 P.2d 908 (citation omitted). [33] Code of 1881, § 2456 provides: Such corporation may appropriate so much of said land as may be necessary for the line of such road or canal, or the site of such bridge, not exceeding two hundred feet in width, besides a sufficient quantity thereof for toll-houses, work-shops, materials for cons

2004As Hanson Industries recently explained, "A railroad right-of-way need not, however, contain a reverter clause to effect an automatic reversion to the grantor upon abandonment." Hanson Indus., 114 Wash.App. at 533 , 58 P.3d 910 . [32] Brown, 130 Wash.2d at 442 n. 9, 924 P.2d 908 (citation omitted). [33] Code of 1881, § 2456 provides: Such corporation may appropriate so much of said land as may be necessary for the line of such road or canal, or the site of such bridge, not exceeding two hundred feet in width, besides a sufficient quantity thereof for toll-houses, work-shops, materials for cons

2004As Hanson Industries recently explained, "A railroad right-of-way need not, however, contain a reverter clause to effect an automatic reversion to the grantor upon abandonment." Hanson Indus., 114 Wash.App. at 533 , 58 P.3d 910 . [32] Brown, 130 Wash.2d at 442 n. 9, 924 P.2d 908 (citation omitted). [33] Code of 1881, § 2456 provides: Such corporation may appropriate so much of said land as may be necessary for the line of such road or canal, or the site of such bridge, not exceeding two hundred feet in width, besides a sufficient quantity thereof for toll-houses, work-shops, materials for cons

2004As Hanson Industries recently explained, "A railroad right-of-way need not, however, contain a reverter clause to effect an automatic reversion to the grantor upon abandonment." Hanson Indus., 114 Wash.App. at 533 , 58 P.3d 910 . [32] Brown, 130 Wash.2d at 442 n. 9, 924 P.2d 908 (citation omitted). [33] Code of 1881, § 2456 provides: Such corporation may appropriate so much of said land as may be necessary for the line of such road or canal, or the site of such bridge, not exceeding two hundred feet in width, besides a sufficient quantity thereof for toll-houses, work-shops, materials for cons

2004As Hanson Industries recently explained, "A railroad right-of-way need not, however, contain a reverter clause to effect an automatic reversion to the grantor upon abandonment." Hanson Indus., 114 Wash.App. at 533 , 58 P.3d 910 . [32] Brown, 130 Wash.2d at 442 n. 9, 924 P.2d 908 (citation omitted). [33] Code of 1881, § 2456 provides: Such corporation may appropriate so much of said land as may be necessary for the line of such road or canal, or the site of such bridge, not exceeding two hundred feet in width, besides a sufficient quantity thereof for toll-houses, work-shops, materials for cons

2004As Hanson Industries recently explained, "A railroad right-of-way need not, however, contain a reverter clause to effect an automatic reversion to the grantor upon abandonment." Hanson Indus., 114 Wash.App. at 533 , 58 P.3d 910 . [32] Brown, 130 Wash.2d at 442 n. 9, 924 P.2d 908 (citation omitted). [33] Code of 1881, § 2456 provides: Such corporation may appropriate so much of said land as may be necessary for the line of such road or canal, or the site of such bridge, not exceeding two hundred feet in width, besides a sufficient quantity thereof for toll-houses, work-shops, materials for cons

2004Hester, Pipes, Wires, and Bicycles: Rails-to-Trails, Utility Licenses, and Shifting Scope of Railroad Easements From the Nineteenth to the Twenty-First Centuries, 27 Ecology L.Q. 351 , 382 (2000). [30] See, e.g., Hanson Indus., 114 Wash.App. at 533 , 58 P.3d 910 ("A railroad right-of-way deed need not, however, contain a reverter clause to effect an automatic reversion to the grantor upon abandonment") ( citing Veach, 92 Wash.2d at 572-73 , 599 P.2d 526 ; Lawson, 107 Wash.2d at 452 , 730 P.2d 1308 ; and Morsbach, 152 Wash. at 567 , 278 P. 686 ). [31] Even the conclusion that the easement is un

2004As Hanson Industries recently explained, "A railroad right-of-way need not, however, contain a reverter clause to effect an automatic reversion to the grantor upon abandonment." Hanson Indus., 114 Wash.App. at 533 , 58 P.3d 910 . [32] Brown, 130 Wash.2d at 442 n. 9, 924 P.2d 908 (citation omitted). [33] Code of 1881, § 2456 provides: Such corporation may appropriate so much of said land as may be necessary for the line of such road or canal, or the site of such bridge, not exceeding two hundred feet in width, besides a sufficient quantity thereof for toll-houses, work-shops, materials for cons

2004As Hanson Industries recently explained, "A railroad right-of-way need not, however, contain a reverter clause to effect an automatic reversion to the grantor upon abandonment." Hanson Indus., 114 Wash.App. at 533 , 58 P.3d 910 . [32] Brown, 130 Wash.2d at 442 n. 9, 924 P.2d 908 (citation omitted). [33] Code of 1881, § 2456 provides: Such corporation may appropriate so much of said land as may be necessary for the line of such road or canal, or the site of such bridge, not exceeding two hundred feet in width, besides a sufficient quantity thereof for toll-houses, work-shops, materials for cons

2004As Hanson Industries recently explained, "A railroad right-of-way need not, however, contain a reverter clause to effect an automatic reversion to the grantor upon abandonment." Hanson Indus., 114 Wash.App. at 533 , 58 P.3d 910 . [32] Brown, 130 Wash.2d at 442 n. 9, 924 P.2d 908 (citation omitted). [33] Code of 1881, § 2456 provides: Such corporation may appropriate so much of said land as may be necessary for the line of such road or canal, or the site of such bridge, not exceeding two hundred feet in width, besides a sufficient quantity thereof for toll-houses, work-shops, materials for cons

1929Pacific Iron Works v. Bryant Lumber & Shingle Mill Co., 60 Wash. 502 , 111 Pac. 578 , cited and relied upon by respondents, involved a right of way deed wherein the grantors conveyed a strip of land one hundred feet in width for railway purposes, and contained a reverter clause that, if it should cease to be used for a railway, the premises should revert to the grantors, their heirs, administrators, executors or assigns.

1929Pacific Iron Works v. Bryant Lumber & Shingle Mill Co., 60 Wash. 502 , 111 Pac. 578 , cited and relied upon by respondents, involved a right of way deed wherein the grantors conveyed a strip of land one hundred feet in width for railway purposes, and contained a reverter clause that, if it should cease to be used for a railway, the premises should revert to the grantors, their heirs, administrators, executors or assigns.