AT&T Communications-East Inc. v. BNSF Railway Co.

MEMORANDUM **

Appellants AT&T Communications-East and AT&T Corporation (collectively “AT&T”) appeal the district court’s judgments in favor of Appellees BNSF Railway Company (“BNSF”), Portland and Western Railroad, Inc. (“P&W”), and Tri-Coun *489 ty Metropolitan Transit District (“TriMet”). They also appeal the district court’s holding that AT&T does not qualify as a “displaced person” under the Uniform Relocation Assistance and Real Property Policies Act of 1970 (“URA”). They also appeal the district court’s dismissal of AT&T’s claim against the Oregon Department of Transportation (“ODOT”) with prejudice. We affirm.

I. Right-of-Way Agreement Ran with the Land

AT&T argues that BNSF contractually retained its rights and obligations under the Right-of-Way Agreement (“ROW”) despite conveying to ODOT in fee simple title to the land governed by the ROW, and that those rights and obligations did not run with the land. We disagree.

AT&T argues that two of the requirements under Oregon property law for the easement to run with the land — privity of estate between the promisor and its successors, and intent by the promisor and promisee for the covenant to run — were not satisfied. See…