Cash

Action to quiet title. After the trial court granted summary judgment in favor of respondents, plaintiffs appealed. We affirm.

Facts:

In 1900, certain property of plaintiffs in Chatsworth was acquired by respondents in condemnation proceedings. The superior court awarded respondents “a right of way” to construct and operate a railroad and to use the land “for such other purposes as are necessary and incident to railroad construction, maintenance and operation.” Since then, respondents have operated a steam railroad on the main tracks for the purposes of local, intrastate, and interstate commerce. Respondents have also leased or rented portions of the property to private firms and have, for use by its freight customers, constructed a “team track” and loading dock. Certain portions of the land have remained unimproved.

Plaintiffs contend respondents’ right of way has been abandoned or extinguished in part or in whole by (1) nonuse of certain portions of the land, (2) the construction of a team track on the property, and (3) rentals of certain portions of the property to private concerns. As a result of such abandonment or extinguishment, plaintiffs argue they are…