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- Title
DOING A DOUBLE TAKE: RAIL-TRAIL TAKINGS LITIGATION IN THE POST-BRANDT TRUST ERA.
- Authors
Wright, Danaya C.
- Abstract
The article discusses the status of railroad- and trail-related eminent domain (takings) litigation in America in the wake of the U.S. Supreme Court's ruling in the 2014 case Marvin M. Brandt Revocable Trust v. United States which deals with takings liability, a railroad right-of-way, and a quiet title dispute. America's 1875 General Railroad Right of Way Act is mentioned, along with the process of railbanking which involves the the use of a railroad corridor for recreational trail purposes.
- Subjects
UNITED States; TAKINGS clause (Constitutional law); MARVIN M. Brandt Revocable Trust v. United States (Supreme Court case); RIGHT of way (Railroads); TRAILS; LEGAL liability; UNITED States railroad law; OUTDOOR recreation; UNITED States. Supreme Court; ACTIONS &; defenses (Law)
- Publication
Vermont Law Review, 2015, Vol 39, Issue 3, p703
- ISSN
0145-2908
- Publication type
Article