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.