Montgomery County, Maryland v. Ajay Bhatt

Summary

The Maryland Court of Appeals held that a railroad right-of-way devoted to public use is generally not subject to adverse possession, even when privately owned and held in fee simple. The court further held that interim use of the former rail line as a hiker/biker trail under the federal Rails-to-Trails framework did not establish abandonment, particularly because future commuter rail use was intended. The court reversed the Circuit Court for Montgomery County's dismissal of the County's enforcement citation against Ajay Bhatt.

Holdings

1. A railroad line treated as a public highway and devoted to public use is not subject to a private claim of adverse possession, regardless of whether the railroad or governmental owner holds the land in fee simple or by easement, unless the public use has been clearly abandoned.
2. The cessation of freight service and interim conversion of the rail corridor to a hiker/biker trail under the Rails-to-Trails program did not constitute abandonment of the public-use right-of-way, particularly where future restoration of rail service was contemplated.
3. The nature of the County's interest as fee simple or easement was immaterial to the application of Montgomery County Code § 49-10(b), which prohibits permanent structures and fences within public rights-of-way.

Questions Presented

1. Whether a railroad right-of-way devoted to public use is subject to a private landowner's claim of adverse possession.
2. Whether the railroad's cessation of freight service and the interim use of the corridor as a hiker/biker trail constituted abandonment of the public-use right-of-way.
3. Whether the distinction between a fee-simple interest and an easement affected the application of Montgomery County Code § 49-10(b) and adverse-possession principles.

Disposition

reversed_and_remanded