Justices Won't Let Forest Service Use Abandoned Land Right

Law360, New York (March 10, 2014, 3:03 PM EDT) -- The U.S. Supreme Court on Monday ruled 8-1 that the U.S. Forest Service doesn't have an interest in a former railroad right of way on a Wyoming man's property and can't convert it into a recreational trail, reversing and remanding a Tenth Circuit decision in favor of the government.

The government had argued that under the General Railroad Right-of-Way Act of 1875, it had kept a reversionary interest in a right of way given to, and then abandoned by, a railroad in Wyoming. The Tenth Circuit...
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