Supreme Court Strikes Blow to "Rail-to-Trails" Program
Posted in Court Decisions

In the latest in a string of recent U.S. Supreme Court cases that impact right of way issues, on Monday the Court issued its opinion in Marvin M. Brandt Revocable Trust v. United States (Case No. 12-1173, March 10, 2014).  The issue in Brandt involved whether the U.S. Government retained a reversionary interest in the easements it granted to railroads pursuant to the General Railroad Right-of-Way Act of 1875. 

The decision would impact, in particular, the "rails-to-trails" program, designed to convert old, abandoned railroad rights of way to bike trails.  Under the program, the Government has contributed right of way that it claimed reverted to its ownership once the railroads abandoned them.  But some of the people who owned the underlying fee interests felt that the railroad easements were extinguished when the railroads abandoned them, meaning the owners now owned an unencumbered fee, rather than a fee with an easement held by the Federal Government. 

In Brandt, the Court held that the Government possessed no reversionary interest and that, as a result, the abandoned easements were extinguished in favor of the underlying fee owners

Justice Sotomayor, in a lone dissent, argued that the Government did possess reversionary rights, and that the decision could "cost American taxpayers hundreds of millions of dollars."  For more on the decision, see our article, Rails-to-Trails Decision: Supreme Court Holds that Government Does Not Retain Reversionary Interest.  If you want even more details, there has been ample press coverage, including:

 

  • Rick E. Rayl
    Partner

    Rick Rayl is an experienced litigator on a broad range of complex civil litigation issues.  His practice is concentrated primarily on eminent domain, inverse condemnation, and other real-estate-valuation disputes.  His public ...

California Eminent Domain Report is a one-stop resource for everything new and noteworthy in eminent domain in California. We cover all aspects of eminent domain in California, including condemnation, inverse condemnation, and regulatory takings. We also keep track of current cases, project announcements, budget issues, legislative reform efforts, and report on all major California eminent domain conferences and seminars.

Stay Connected

RSS RSS Feed

Categories

Archives

View All Nossaman Blogs
Jump to Page

We use cookies on this website to improve functionality, enhance performance, analyze website traffic and to enable social media features.  To learn more, please see our Privacy Policy and our Terms & Conditions for additional detail.