This week the Supreme Court ruled that Railroad Right of Way Act of 1875,which gave government control of land specifically for railroads, does not mean that the old tracks can be converted into land trails for bicycles or other uses. Instead, once the rails were abandoned the land reverts to its owners.
The 8-1 decision, reached after two lower courts found in favor of the government, was hailed as a victory for private landowners. Media reports have called the decision a huge blow to trails built or planned for former railroad corridors on private property.
However, this is not really the case.
“This only affects federally granted rights of ways acquired under the 1875 Act,” Kevin Mills, senior vice president of policy and programs for the Rails to Trails Conservancy. “And the government can still decide that the trail is an important asset and use eminent domain to keep the property. We’re dealing with a narrowly prescribed set of circumstances. If you have an existing rail trail on federally granted right of way land acquired under the 1875 Act not railbanked and for which the government would not pay just compensation, then the adjacent landowner could take back a piece of the land.”
Rails-to-Trails: The Supreme Court Decision: How Does It Affect Rail-Trails?
Supreme Court: MARVIN M. BRANDT REVOCABLE TRUST ET AL. v. UNITED STATES
[Via Bicycle Retailer: Supreme Court ruling on rail trails is limited, expert says]