Supreme Court Hears Oral Argument in Rails-to-Trails Property Rights Case Today
Posted on Jan 14, 2014 in News & Events
Today, the U.S. Supreme Court hears argument in Marvin M. Brandt Revocable Trust v. United States, No. No. 12-1173, a Rails-to-Trails takings case. At the core of the dispute between the landowner and U.S. Forest Service is the meaning of the term railroad “right of way” as used in the 1875 General Railroad Right of Way Act and whether the federal government retained an “implied reversionary interest” in railroad rights of way granted under the Act.
OCA’s Supreme Court Amicus Brief Seeks to Block the Government’s Efforts to Derail Rails-to-Trails Takings Cases
Posted on Nov 21, 2013 in News & Events
The Owners’ Counsel of America (OCA) and National Federation of Independent Business (NFIB) Small Business Legal Center* filed an amici curiae brief in support of the landowner in Brandt v. United States, No. 12-1173 (cert. granted October 1, 2013) urging the United States Supreme Court to reverse a Tenth Circuit Court of Appeals decision which held that the United States retained an implied reversionary interest in railroad rights of way.
Supreme Court Grants Cert in Brandt v. US, Rails to Trails Takings Case
Posted on Oct 4, 2013 in News & Events
Earlier this week the U.S. Supreme Court granted certiorari in Brandt Revocable Trust v. United States, (12-1173). As our colleague, Robert Thomas, explains this was a “not-entirely-unexpected move” by the Court due to the fact that the Tenth Circuit acknowledged that its ruling created a “circuit split” and the Solicitor General did not oppose the landowner’s petition.
OCA Files Amicus Brief in Support of Wyoming Landowner in “Rails-to-Trails” Takings Case Seeking SCOTUS Review
Posted on Apr 25, 2013 in News & Events
Today, the Owners’ Counsel of America (OCA) filed an amicus curiae brief in support of the landowner in Marvin M. Brandt Revocable Trust v. United States (12-1173) urging the United States Supreme Court to review a Tenth Circuit Court of Appeals decision in United States v. Brandt, 2012 WL 3935613 (C.A.10 (Wyo.)) which erroneously found that the federal government retained an “implied reversionary interest” in railroad rights of way granted under an 1875 Congressional Act.