JUDGE WILL DECIDE FATE OF RIGHT-OF-WAY

                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: TUESDAY, April 6, 1993                   TAG: 9304060124
SECTION: VIRGINIA                    PAGE: C3   EDITION: STATE 
SOURCE: 
DATELINE: WYTHEVILLE                                LENGTH: Short
JUDGE WILL DECIDE FATE OF RIGHT-OF-WAY
A circuit judge will decide whether railroad right-of-way now being used as part of a state park should instead revert to the owner of the surrounding land.
Judge Willis Woods heard arguments Monday from attorneys for the state and for Neuhoff Farms Inc. and James H. Neuhoff.
Neuhoff contends that the 80-foot right-of-way granted to Norfolk & Western Railway, now Norfolk Southern Corp., included a provision that the land be returned to the former owner once it was no longer being used for rail purposes.
The state has filed suit for possession of the property for New River Trail State Park, which winds through several localities from Grayson to Pulaski counties over former rail right-of-way donated to the state. Both sides are seeking summary judgment in the case.
Attorneys argued whether there actually was a reversion clause and cited case law. "I do not need any further authorities or memoranda, and I hope to let you know something in a few days," Woods said after listening to them. - Southwest bureau

by Bhavesh Jinadra by CNB