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Brandt Trust v. U.S., Supreme Court Opinion


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Dr Skeep from Tucson, AZ on 3/12/2014 7:28:43 PM:
Anyone know anything about the impact of this decision on GAP? I'm going to ride it at the beginning of May and I'd like it to be open when I get there. Thnx.

 
Scott from Powhatan VA on 3/12/2014 8:30:12 PM:
Can you be a little more specific? I leave on May 3 starting in Pittsburg and riding the GAP/C&O back to Georgetown. Would like to know what is going on, did I miss something?

 
Stillriding from Pgh. on 3/13/2014 11:27:25 AM:
Good post. I looked this up on Google and it is very interesting and concerning. While this happened in Wyoming it could happen here. Only time will tell. I would think an email to a GAP board member on the GAP site http://www.atatrail.org would get an answer to your question.

 
Dr Skeep on 3/13/2014 12:16:41 PM:
I'm thinking that the GAP folks may do a bulletin on this matter, but they may want to stay in the weeds and hope that no affected landowner picks up on this and files suit. If I read the opinion correctly, this is not likely, I fear. Too much anti-bicycle sentiment around yet. Fortunately, I did the Big Mick with my son last year, as it is apparently now in the cross-hairs.

 
Dr Skeep on 3/13/2014 12:34:10 PM:
OK, I just sent an email to the generic ATA address asking for an update on the website so we can all see what their lawyers think about this. Since only Sotomayor sided with us -- and the US, on what seems to me to be a pretty good reversionary-interest argument -- I think affected landowners would be able to make a good pitch for a temporary injunction. Yikes.

 
Paul from Pittsburgh on 3/13/2014 1:59:29 PM:
What the heck is this now? I did my first GAP/C&O ride last Oct and had to ride during the government shutdown. I plan on doing it again the week of Memorial Day. Is this something I need to be worried about, once again? I just googled this while at work and don't really understand, I will research further later. Anyone with more info, feel free to post. Thanks.

 
Dr Skeep from Tucson, AZ on 3/13/2014 5:18:38 PM:
Eight Supremes agreed with a burdened Wyoming landowner that the rail line, now a rail-trail, across its property was a regular easement only and thus the rights against the landowner ended when the RR abandoned it. Only Sonia S. agreed that the U.S. had a reversionary interest and could thus re-purpose the line as a trail. Not sure how many other rail-trails this will impact, but the subject law is federal and thus applies in other states. We need some GAP lawyers to tell us if and how this affects our plans.