for lawsuits from landowners adjacent to popular
rail-trails like the Banks-Vernonia State Trail.
(Photo by J. Maus/BikePortland)
Yesterday's Supreme Court ruling on a rail-trail case — and the doomsday headlines that followed — have caused a lot of concern among people who love cycling on paths built atop former railroad corridors.
In Marvin M. Brandt Revocable Trust v. United States the court ruled 8-1 in favor of the trust, who claimed their rights to the now-abandoned railroad should be reinstated. Their land is slated to become part of the Medicine Bow Rail Trial and the federal government argued that they have rights to the trail easement based on a "reversionary interest" which should go into effect once the railroad was abandoned.