Government,
U.S. Supreme Court
Jun. 26, 2024
What is a ‘rails-to-trails’ case?
The rails-to-trails concept originated due to abandoned railroad easements, and how Congress attempted to redefine “railroad use” to circumvent state property law. In the landmark U.S. Supreme Court case, Preseault v. United States, it was established that each case must be assessed individually based on its circumstances, and property owners were entitled to compensation upon proving their title.
Michael M. Berger
Senior Counsel, Manatt, Phelps & Phillips LLP
2049 Century Park East
Los Angeles , CA 90067
Phone: (310) 312-4185
Fax: (310) 996-6968
Email: mmberger@manatt.com
USC Law School
Michael M. Berger is senior counsel at Manatt, Phelps & Phillips LLP, where he is co-chair of the Appellate Practice Group. He has argued four takings cases in the U.S. Supreme Court.
Many of you may not have heard of the “rails-to-trails” concept, so it is time to introduce you. What makes it timely is a recent decision by the U.S. Court of Federal Claims that plainly lays out the concept and its inner workings. Nicholson v. United States (2024) 170 Fed. Cl. 399. I have had some experience in this field, as I handled the first U.S. Supreme Court case involving the concept, Preseault v. United Stat...
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