Supreme Court “Rail-Trail” Decision Upholds Rule of Property Law

Today, the US Supreme Court issued its 8-1 decision in Marvin M. Brandt Revocable Trust v. United States (case no. 12-1173) which held that old railroad lines created under the General Railroad Right-of-Way Act of 1875 are to be abandoned in favor of the property owner, not the Government under a theory of “implied reversion.” Critics of the decision argue that the decision jeopardizes potential rails-to-trails projects around the county. Continue reading “Supreme Court “Rail-Trail” Decision Upholds Rule of Property Law”