“Rails to trails” maneuver was a taking

by Walter Olson on December 4, 2013

So will the federal government pay just compensation? The Supreme Court may decide that question in the pending case of Brandt v. U.S., in which the Cato Institute has filed an amicus brief. [Ilya Shapiro, Cato]

{ 1 comment }

1 Hugo S. Cunningham 12.05.13 at 12:49 pm

If the railroad right-of-way is unused and indistinguishable from the landholder’s adjacent properties, I would be sympathetic to his claims on a de-facto adverse possession basis. But if a railroad is already there, and the question is about replacing it with a bike trail, I fail to see how he is being harmed. To me, this second sort of property claim is in a similar moral category to copyright trollery and patent trollery.

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