Last month, the Supreme Court of the United States (please, there is no such thing as the "United States Supreme Court") decided a very interesting case about easements. "Easements?", you ask. Yes, easements. We use them...more
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
In the past year alone, five fiery oil train derailments have made front-page news by causing both catastrophic bodily injury and property damage in rural towns across Canada and the United States, including the 74-car...more
President Obama will announce his support for a four-year, $302 billion transportation funding bill to repair and rebuild bridges, tunnels, roads and transit. About $150 billion of the bill would be paid for through corporate...more
Last Tuesday, House of Representatives approved a bill to amend the Law for Railroad Service in order to open competition, and to keep up with the upcoming train projects in Mexico.
According to the Minutes of the...more
A man was taken to the hospital in critical condition recently after being pinned under a railroad car in Kansas. It took emergency crews 45 minutes to release the worker from the wheels by using a jack to lift the railcar...more
Our previews of the Illinois Supreme Court's September docket continue with Hartney Fuel Oil Co. v. Hamer, which will be argued this morning in Chicago.
Our detailed summary of the facts and lower court rulings in...more
In the latest decision in the ongoing saga between CSX and the Alabama Department of Revenue (“ADOR”), the Eleventh Circuit U.S. Court of Appeals ruled that Alabama’s imposition of sales tax on diesel fuel purchases by...more
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