A & M Properties, Inc. v. Norfolk Southern Corp
In A & M Properties, Inc. v. Norfolk Southern Corp., 203 W. Va. 189, 506 S.E.2d 632, 633-34, 637 (W. Va. 1998), the West Virginia Supreme Court of Appeals held a railroad track was considered a public highway under W. Va. Const. art. XI, 59, which provided that "railroads heretofore constructed, or that may hereafter be constructed in this State, are hereby declared public highways."
The court concluded because adverse possession did not lie against a public highway, no party could establish an interest in a railroad right of way by adverse possession as long as the track was used for railroad purposes. A & M Properties, at 637.