The Supreme Court just released a decision that potentially jeopardizes a federal program for preserving railroad rights of way. The program has allowed carriers that abandon lines to turn them into "rail trails." A "rail trail" makes a superb right of way for bicycling, running, or walking (I know because I run and bike), but it also allows the carrier to sell rights for pipelines, fiber optic lines, billboards, mineral rights, etc., while preserving the right of way for future rail use at some later date. Litigation challenging the trail conversion is typically brought by a landowner who sold the land for use as a railroad and now that it is no longer a railroad, wants it back (or more likely wants the fees paid by the likes of Verizon, AT&T, power companies, etc.). This decision appears to apply to any railroad right-of-way held by reversionary easement or federal land grants. The case is called Marvin M. Brandt Revocable Trust v. US.

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