There is an interesting United States
Supreme Court decision, Marvin Brandt Revocable Trust v. U.S., No.
12-1173 that was recently decided. One family objected to the local government’s
request for the property to be deeded over for a bike path. There are several
places on the Internet where you can read a synopsis of the case, but let me
provide you with the bottom line. The government when it gave the use of the
land to the railroads gave only an easement, a legal right to simply use the
land. But like all easements if you terminate the use, the land reverts back to
the title holder. In this instance it was a rancher in Wyoming who owned land on both sides and under the railroad tracks. His objection was upheld and in the end he gets the land where the railroad tracks were previously located.
Why does the bike path suddenly end?
Oops! Someone in government goofed or got a bit too greedy. You can't have what you do not own.
Should you be concerned about a bike path running along the home's lot you want to purchase?
Why does the bike path suddenly end?
Oops! Someone in government goofed or got a bit too greedy. You can't have what you do not own.
Should you be concerned about a bike path running along the home's lot you want to purchase?
From this decision I don’t think you
can assume too much about your bike path. In this case obviously this one owner holds the cards to whether or not the bath path can suddenly come to a dead end at their property line. Can that happen to any bike path? Maybe or maybe not it all depends on whether anyone objected to signing away their rights after the railroad pulled up its tracks.
So what will happen to the bike path in Wyoming?
There is no word yet from the Wyoming land holder about whether they will grant an easement to the entity in charge of the bike path; they may or they may not.
So what will happen to the bike path in Wyoming?
There is no word yet from the Wyoming land holder about whether they will grant an easement to the entity in charge of the bike path; they may or they may not.
What is important to consider when buying a home, is whether there are any objections or lawsuits over the bike path that use to be a railroad line. If it wasn't a rail line you're probably safe. If it was, then you need to research any pending claims.
Where can I read about this issue?
Where can I read about this issue?
- Link to this 27 page opinion.
- Court sides with landowner over abandoned railroad right of way, Washington Post
- Supreme Court sides with landowner in dispute over property claimed for public trail, US News via the AP
- Supreme Court tells government to take a hike -- but not on private property, The Business Journals
- Court ruling in land dispute could threaten bike trails, USA Today
- Great Northern R. Co. v. United States, 315 U. S. 262 (62 S.Ct. 529, 86 L.Ed. 836)
