U.S. Supreme Court:
“The Supreme Court's ruling in an obscure Wyoming land
dispute Monday could result in the loss of thousands of miles of bicycle trails
or cost the government millions of dollars in compensation. The justices ruled
8-1 that government easements used for railroad beds over public and private
land in the West expired once the railroads went out of business, and the land
must revert to its owners.
Chief Justice John Roberts, writing for the majority, said
the case was decided based on an 1875 act of Congress and a 1942 Supreme Court
decision involving Great Northern Railway. That ruling confirmed that the
government merely had received easements without any long-term land rights, he
said. The establishment in 1983 of the federal ‘rails to trails’ program didn't
change the court's interpretation for easements that expired earlier. ‘We're going
to stick with that today,’ Roberts said from the bench.
The decision could jeopardize the ‘rails to trails’ program,
responsible for creating more than 1,400 bike and nature trails, many of them
built along railroad rights-of-way.”
~Writes Richard Wolfe of USA
Today
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