Brownstein Client Alert, Law360, March 14, 2014
This week, the Supreme Court ruled that the United States Forest Service could not construct a trail on an abandoned railroad right of way (ROW) that crosses through private property. Brandt v. United States, No. 12-1173, 2014 WL 901843 (U.S. Mar. 10, 2014). This ruling represents a major shift regarding the appropriate use of rights of way and has a strong potential to spur thousands of landowner lawsuits all across the country.
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