Supreme Court Sides With Landowner in Rails-to-Trails Case
10th March 2014
The case is a legacy of America’s westward expansion during the late 19th century, when Congress gave public land to private railroads to spur development of a transcontinental transportation network.
Not every project was successful, however. In 1996, one such railroad in Wyoming gave up and tore out the tracks. The U.S. Forest Service then sought to use the rights of way—which crossed through the Medicine Bow National Forest as well as 31 parcels of private property—for public trails. Read the full WSJ story here.
All but one property owner acquiesced to the trails plan: Marvin Brandt, whose 83-acre property was by far the largest and one associated with his family since his father began working at a local sawmill in 1939.
The government argued that when the railroad ended operations, certain property rights reverted to the government, such as using the right of way for a trail.
Mr. Brandt, represented by the conservative Mountain States Legal Foundation, contended that under the 1875 act providing the right of way, the railroad held only an easement, or limited right to use another’s property for a specific purpose, which expired when that use was abandoned. By a vote of 8-1, the Supreme Court agreed.