Reversionary Rights

News & Analysis as of

Rails-to-Trails Decision: Supreme Court Holds that Government Does Not Retain Reversionary Interest

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

Supreme Court Strikes Blow to "Rail-to-Trails" Program

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

Fate of Santa Monica Airport Up To Federal Court

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

GST & Real Property Leases – Implications Of The MBI Case

The Full Federal Court recently handed down its decision in MBI Properties Pty Limited v Commissioner of Taxation [2013] FCAFC 112 ("MBI Case"). The decision supports the view that neither the vendor or purchaser of a...more

Supreme Court Taking Another Takings Case

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

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