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Litigation

Nov. 22, 2013

US Supreme Court to take up land use case with broad implications

If the federal government prevails in the case, legal observers say, it could take former railroad rights of way from landowners and develop them into trails or other things without paying the owners.


By Chase Scheinbaum


Daily Journal Staff Writer


A stretch of abandoned railroad tracks in Wyoming and Colorado is at the heart of a dispute before the U.S. Supreme Court that could fundamentally change aspects of property law.


Today, the federal government wants to turn the former rails, which fell out of use by trains in 1996, into a trail for hiking, cycling and other recreational uses.


But should the government pay the owners for...

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