SCOTUS: Federal Government Retains No Interest in Abandoned Railroad Rights-of-Way

more+
less-

IMLA Appellate Practice Blog - March 14, 2014

Congress grants a railroad a right-of-way across public land.

The federal government then grants the land to a private landowner, who takes the parcel subject to the railroad right-of-way.

The railroad later abandons the right-of-way.

Does the right-of-way interest revert to the federal government? Or does the parcel owner gain full and unburdened rights to the property?

On March 14th, in Brandt Revocable Trust v. United States, No. 12-1173, the Supreme Court ruled 8-1 that the federal government does not retain an interest in the abandoned right-of-way. As Chief Justice Roberts explained, under Great Northern Railway Co. v. United States, 315 U.S. 262 (1942), the right-of-way was only an easement. When the railroad abandoned it, the underlying parcel simply became unburdened. The statute contained no implied revisionary interest.

One question going forward: How will this affect many former railroad rights-of-way in which the federal government was previously thought to have retained an interest? Justice Sotomayor touches on the point in dissent:

By changing course today, the Court undermines the legality of thousands of miles of former rights of way that the public now enjoys as means of transportation and recreation. And lawsuits challenging the conversion of former rails to recreational trails alone may well cost American taxpayers hundreds of millions of dollars.

Image courtesy of Flickr by Terry Ross (creative-commons license, no changes made).

* This blog post was originally published in IMLA Appellate Practice Blog, March 10, 2014. Republished with permission.

Topics:  Brandt Irrevocable Trust v Us, Eminent Domain, Railroads, SCOTUS, Takings

Published In: Transportation Updates, Zoning, Planning & Land Use Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Best Best & Krieger LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »