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Expert Analysis

Rails-To-Trails Case May Spur Landowner Suits

Law360, New York (April 28, 2014, 9:34 PM EDT) -- On March 10, 2014, in Brandt v. United States, the U.S. Supreme Court ruled that the U.S. Forest Service could not construct a bicycle trail on an abandoned railroad right-of-way ("ROW") that crosses through private property.[1] This ruling represents a major shift regarding the appropriate use of rights of way and has the potential to spur thousands of landowner lawsuits all across the country....

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