Real Property: Public Land-Right of Way-Adverse Possession

Where homeowners challenged a judgment in favor of the Kansas City Area Transit Authority in a dispute involving ownership of real property that the KCATA claimed as part of a right of way it owned in fee simple and that the homeowners claimed they owned as part of their backyard, the trial court did not err in finding that the KCATA had acquired a fee simple interest in the property and that the homeowners’ claim of adverse possession was barred by a statute that prohibited the taking of public land by adverse possession, so the judgment is affirmed because the homeowners could not acquire title by laches or equitable estoppel.

Judgment is affirmed.

Kansas City Area Transportation Authority v. Donovan (MLW No. 74484/Case No. WD82459 – 19 pages) (Missouri Court of Appeals, Western District, Ardini Jr., J.) Appealed from circuit court, Jackson County, McKenzie, J. (Bernard J. Rhodes for respondent) (Sherry D. DeJanes for appellants).