(a) Whenever a railroad abandons a railroad easement, all right, title and interest in the strip, piece or parcel of land constituting the abandoned easement shall be presumed to be vested in those persons, firms or corporations owning lots or parcels of land adjacent to the abandoned easement, with the presumptive ownership of each adjacent landowner extending to the centerline of the abandoned easement. In cases where the railroad easement adjoins a public road right-of-way, the adjacent property owner's right, title and interest in the abandoned railroad easement shall extend to the nearest edge of the public road right-of-way.
The side boundaries of each parcel so presumptively vested in the adjacent property owner shall be determined by extending the side property lines of the adjacent parcels to the centerline of the abandoned easement, or as the case may be, the nearest edge of the public road right-of-way. In the event the side property lines of two adjacent property owners intersect before they meet the centerline or nearest edge of the public road right-of-way, as the case may be, such side property lines shall join and run together from the point of intersection to the centerline of the easement or nearest edge of the public road right-of-way, as the case may be, perpendicular to said centerline or edge.
(b) The presumption established by this section is rebuttable by showing that a party has good and valid title to the land.
(c) Repealed by Session Laws 1987 (Reg. Sess., 1988), c. 1071, s. 6. (1987, c. 433, s. 1; 1987 (Reg. Sess., 1988), c. 1071, s. 6; 2004-203, s. 14.)
Notes of Decisions
McDonald's Corp. v. Dwyer, 450 S.E.2d 888 (N.C. 1994).
· cites it 78× “N.C.G.S. § 1-44.2 (Supp.1994). On 19 June 1990, plaintiff filed this action, as an adjacent landowner within the definition of N.”
Nelson v. Battle Forest Friends Meeting, 425 S.E.2d 4 (N.C. Ct. App. 1993).
· cites it 52× “I respectfully dissent on the grounds that my interpretation of N.C.Gen.Stat. § 1-44.2 does not divest Nelson of ownership of the property in dispute.”
Nelson v. Battle Forest Friends Meeting, 436 S.E.2d 122 (N.C. 1993).
· cites it 21× “All parties agree that, except for the constitutional question, this case is to be resolved by the interpretation of N.C.G.S. § 1-44.2 which provides in part as follows: (a) Whenever a railroad abandons a railroad easement, all right, title and interest in the strip, piece or…”
McDonald's Corp. v. Dwyer, 432 S.E.2d 165 (N.C. Ct. App. 1993).
· cites it 7× “On 19 June 1987, the North Carolina Legislature ratified North Carolina General Statutes § 1-44.2 which is entitled “Presumptive ownership of abandoned railroad easements.”
Love v. United States, 889 F. Supp. 1548 (E.D.N.C. 1994).
· cites it 3× “§ 1-44.2. Additionally, the United States claimed it acr quired title to the underlying fee by several conveyances beginning in 1918.”
Brooks v. United States (Fed. Cl. 2018).
· cites it 5× “12; see N.C. Gen. Stat. § 1-44.2 (a) (2014) (“Whenever a railroad abandons a railroad easement, all right, title and interest in the strip, piece or parcel of land constituting the abandoned easement shall be presumed to be vested in those persons, firms or corporations owning…”
Brown v. United States (Fed. Cl. 2021).
“2d at 124-25, unless another party establishes “good and valid title to the land,” N.C. Gen. Stat. § 1-44.2 (b). However, for one of the parcels (27773), the court determined that is was probable that the public road is adjacent to the railroad right-of-way.”
Christopher J. Rogers (Bankr. M.D.N.C. 2025).
“1989), for definitions of the term “adjoin” as used in § 1-44.2). Finally, the court should “look at various related statutes in pari materia so as to determine and effectuate the legislative intent.”
— N.C. Gen. Stat. § 1-44.2(a) — 2 cases
Nelson v. Battle Forest Friends Meeting, 425 S.E.2d 4 (N.C. Ct. App. 1993).
“I respectfully dissent on the grounds that my interpretation of N.C.Gen.Stat. § 1-44.2 does not divest Nelson of ownership of the property in dispute.”
Nelson v. Battle Forest Friends Meeting, 436 S.E.2d 122 (N.C. 1993).
“All parties agree that, except for the constitutional question, this case is to be resolved by the interpretation of N.C.G.S. § 1-44.2 which provides in part as follows: (a) Whenever a railroad abandons a railroad easement, all right, title and interest in the strip, piece or…”
— N.C. Gen. Stat. § 1-44.2(b) — 1 case
McDonald's Corp. v. Dwyer, 450 S.E.2d 888 (N.C. 1994).
“N.C.G.S. § 1-44.2 (Supp.1994). On 19 June 1990, plaintiff filed this action, as an adjacent landowner within the definition of N.”
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