In Brandt Revocable Trust v. U.S., the United States Supreme Court held that abandoned railway rights-of-way that had been granted to railroad companies under the General Railroad Right-of-Way Act of 1875 left underlying...more
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...more
This week, the Supreme Court ruled that the United States Forest Service could not construct a trail on an abandoned railroad right of way (ROW) that crosses through private property. Brandt v. United States, No. 12-1173,...more