The "Rails-to-Trails" program sounds like such a great idea in theory: take old, abandoned railroad right of way and turn it into public trails. Who would complain about that? Well, it turns out lots of people might...more
In the latest in a string of recent U.S. Supreme Court cases that impact right of way issues, on Monday the Court issued its opinion in Marvin M. Brandt Revocable Trust v. United States (Case No. 12-1173, March 10, 2014). ...more
On October 31, 2013, the City of Santa Monica filed a complaint in federal court against the United States of America and the Federal Aviation Administration ("FAA") with the hope of confirming its alleged right to control...more
The Full Federal Court recently handed down its decision in MBI Properties Pty Limited v Commissioner of Taxation  FCAFC 112 ("MBI Case").
The decision supports the view that neither the vendor or purchaser of a...more
The Supreme Court is apparently not done with its recent interest in takings decisions. Following the decisions in Arkansas Game and Fish Commission v. United States, Horne v. Department of Agriculture, and Koontz v. St....more
A few weeks back, I had the opportunity to speak at an Ontario Bar Association Entertainment, Media & Communications Law Section session on the topic of copyright reversionary interests. During the Q&A portion of the...more
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