High Court Opens Door To 5th Amendment Takings Cases

Law360, New York (March 19, 2014, 10:39 PM EDT) -- In what is commonly known as a rails-to-trails case, the U.S. Supreme Court held on March 10, 2014, in an 8-1 decision, that certain railroad rights of way revert to private property owners following the railroad’s abandonment of its easement.

The case, Marvin M. Brandt Revocable Trust v. United States, resolves a lower court split by answering a narrow question in favor of private property owners: What happens when a railroad abandons a right of way that was granted under the General Railroad Right-of-Way Act of...
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