Marvin M. Brandt Revocable Trust v. United States
Chief Justice Robert's Opinion
Goal: Determine what happens to a railroad's right of way when the railroad abandons it: does it go to the government, or to the land owner who acquired the land underlying the right of way?
Why: In order to determine if the property of Marvin Brandt is unburdened and free for his use in result of the railroad's abandonment of the railway, we must examine the General Railroad Right-of-Way Act of 1875.
Issue: What happens to a railroad's right of way granted under a particular state when the railroad abandons it: does it go to the government, or to the private party who acquired the land underlying the right of way?
Legal Rule: The legal rule in question here is the General Railroad Right-of-Way Act of 1875. According to Roberts, the United States lost its case mainly because it had successfully argued in Great Northern Railway Co. v. United States that 1875 Act rights of way were easements. In that case Great …show more content…
In 1976, the Brandt's received a land patent from the US for 83 acres in Fox Park, Wyoming. The patent granted fee simple title to the land, with various reservations including the preservation of LHP&P's right-of-way. After the railroad, including the portion on the Brandt's land, was formally abandoned by Wyoming and Colorado Railroad, the Forest Service proposed creating a rail trail along the right-of-way in 2005. In 2006 the US filed an action to quiet title to the right-of-way in its favor, and resolved its claims against all landowners except Brandt along the right of way. Marvin Brandt, in this case, disputes the government's decision and argues that the railroad's right of way was an easement that disappeared when the railroad abandoned it. The US argues that the right-of-way transferred back to the government when the railroad abandoned