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Federal Railroad Right-Of-Way

Decent Essays

In this case, Mr. Brandt had filed a lawsuit against the Federal Government for "the right-of-way crossing" his land had extinguished after the cessation of the railroad activity in the corridor. The Government had argued that this right was created by the Federal General Railroad Right-of-Way Act of 1875 and should be valid on the gounds that the railroad line was affirmed to be abandoned. While reviewing this case, it must be determined whether or not that the Government, under this Act, had retained an interest in the abandoned railroad right-of-way. After the trial court had dismissed the case along with affirmation from the 10th Circuit Court, the U.S Supreme Court reversed and remanded it to the court of appeals. During the decision process,

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