Rails-to-Trails Conservancy is Headed to the Supreme Court in the Defense of Rail-Trails

[MatthewStLouis]

Source: Rails-to-Trails Conservancy

The case of Marvin M. Brandt Revocable Trust et al., v. United States, challenges the right of the United States to convert a federally-granted right-of-way into a rail-trail, a right established by Congress and long fought for and protected by Rails-to-Trails Conservancy.

Read our amicus brief in defense of rail-trails and in support of the position of the U.S. Tenth Circuit Court of Appeals.

The Brandt property lies along the corridor of the Medicine Bow Rail Trail in Wyoming, a former disused rail corridor inside Medicine Bow National Forest that was converted into a public trail by the U.S. Forest Service and local supporters.

The Mountain States Legal Foundation, the Cato Institute and the Pacific Legal Foundation are supporting the Brandts' effort to sue the United States to bring the public corridor into private ownership and prevent its reuse as a publically accessible rail-trail. All three organizations have a history of launching legal action to reduce protection of public lands.

Read more: http://www.railstotrails.org/news/features/supremecourt-info.html

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This is a clear threat to other "rails to trails" projects.
Hopefully the people (that's us!) who own the right-of-ways in the first place win this one!

[AtheistCrusader]

1. I believe I owe this group a great deal for the easiest marathon on earth.

The 'Light at the end of the Tunnel' marathon. Starts in the Snoqualmie pass, and, in the old Hyak railbed/tunnel, goes all the way down to the town of North Bend, a nice, gradual descent.

If you want a PR, that's your marathon route right there. You won't find a better.
http://www.littlemarathon.com/Tunnel/default.asp

[MicaelS]

2. I assume the motivation of those opposing Rails-to-Trails

Is they don't want all sort of "undesirables" being able to possibly "trespass" via the trail. Correct?

[onehandle]

3. Yep. They don't want hippies and 'urban' people coming through their neighborhoods.

The racist white ring of KKKounties around Atlanta prevents mass transit from reach them for the same reason.

[elleng]

5. Maybe for some,

but many of the trails, former rail lines since abandoned, are in urban/suburban areas.

Much of the motivation relates to long-lost/foregone property interests.

[MicaelS]

7. So what do these property owners think ...

They are going to get out of the abandoned ROW, if they get possession out of it? Do they seriously think they are going to be able to sell the land for something?

[elleng]

8. Dunno,

I suppose each situation stands alone as to its potential use and value.

[MatthewStLouis]

9. I think many oppose rails-to-trails for that reason,

sort of the "not in my backyard" attitude.

But... in fairness to the landowner in this case, he did purchase the land from the government in 1976. So it is an eminent domain case.

[bucolic_frolic]

4. Eminent Domain

should apply to wealthy ranchers as much as it applies to everyone else.

[elleng]

6. It does and it did,

that's how the rail lines developed to begin with.