Supreme Court of the United States
Marvin M. Brandt Revocable Trust, Petitioners v. United States.
March 10, 2014134 S. Ct. 1257
Summary
The Court held that the General Railroad Right-of-Way Act of 1875 granted only an easement, not a fee, so that when the railroad abandoned the right of way the easement was extinguished and title remained with the landowner. The decision rests on the Court’s prior ruling in Great Northern and on common‑law principles of easements. The United States’ claim of a reversionary interest was rejected and the judgment of the Tenth Circuit was reversed and remanded. Justice Sotomayor dissented, arguing that earlier precedents established a reversionary interest.