marvin
brandt
revocable
trust
et
al
argued
january
decided
march
congress
passed
general
railroad
act
provide
railroad
companies
right
way
public
lands
one
right
way
obtained
railroad
crosses
land
conveyed
brandt
family
land
patent
patent
stated
relevant
land
granted
subject
railroad
rights
act
right
way
specify
occur
railroad
later
relinquished
rights
years
later
successor
railroad
abandoned
right
way
federal
approval
government
sought
judicial
declaration
abandonment
order
quieting
title
abandoned
right
way
including
stretch
crossed
land
conveyed
brandt
patent
petitioners
contested
claim
asserting
right
way
mere
easement
extinguished
railroad
abandoned
brandt
enjoys
full
title
land
without
burden
easement
government
countered
act
granted
railroad
something
mere
easement
retained
reversionary
interest
land
railroad
abandoned
district
granted
summary
judgment
government
quieted
title
right
way
tenth
circuit
affirmed
held
right
way
easement
terminated
railroad
abandonment
leaving
brandt
land
unburdened
pp
government
loses
case
large
part
argued
opposite
great
northern
government
contended
act
unlike
statutes
granting
rights
way
granted
nothing
easement
railroad
case
therefore
interest
resources
beneath
surface
right
way
adopted
government
position
full
found
act
text
wholly
inconsistent
grant
fee
interest
agreed
government
cases
describing
nature
rights
way
granted
prior
controlling
major
shift
congressional
policy
concerning
land
grants
railroads
year
held
act
clearly
grants
easement
common
law
property
principles
easement
disappears
abandoned
beneficiary
leaving
owner
underlying
land
resume
full
unencumbered
interest
land
see
smith
townsend
pp
government
asks
limit
great
northern
characterization
act
rights
way
easements
question
owns
oil
minerals
beneath
right
way
nothing
act
text
supports
reading
government
reliance
similarity
language
act
statutes
directly
contravenes
premise
great
northern
act
granted
fundamentally
different
interest
predecessor
statutes
decisions
stalker
oregon
short
line
great
northern
steinke
support
government
position
dispute
cases
framed
terms
competing
claims
acquire
develop
particular
tract
land
appear
considered
much
less
rejected
argument
railroad
easement
contested
land
extent
cases
read
imply
interest
something
implication
survived
unequivocal
statement
contrary
great
northern
finally
later
enacted
statutes
see
define
shed
light
nature
interest
congress
granted
railroads
rights
way
instead
purport
dispose
interests
already
possesses
pp
fed
appx
reversed
remanded
roberts
delivered
opinion
scalia
kennedy
thomas
ginsburg
breyer
alito
kagan
joined
sotomayor
filed
dissenting
opinion
opinion
notice
opinion
subject
formal
revision
publication
preliminary
print
reports
readers
requested
notify
reporter
decisions
washington
typographical
formal
errors
order
corrections
may
made
preliminary
print
goes
press
marvin
brandt
revocable
trust
et
al
petitioners
writ
certiorari
appeals
tenth
circuit
march
chief
justice
roberts
delivered
opinion
century
congress
began
granting
private
railroad
companies
rights
way
public
lands
encourage
settlement
development
west
many
public
lands
later
conveyed
government
homesteaders
settlers
lands
continuing
subject
railroads
rights
way
settlers
successors
remained
many
railroads
case
presents
question
happens
railroad
right
way
granted
particular
statute
general
railroad
act
railroad
abandons
go
government
private
party
acquired
land
underlying
right
way
early
century
america
looked
west
period
louisiana
purchase
gadsden
purchase
saw
acquisition
western
lands
filled
contiguous
young
country
numerous
reasons
encourage
settlement
development
vast
new
expanse
needed
fast
reliable
way
transport
people
property
frontier
lands
new
technology
provided
answer
railroad
civil
war
spurred
effort
develop
transcontinental
railroad
federal
government
saw
need
protect
citizens
secure
possessions
west
leo
sheep
construction
railroad
furnish
cheap
expeditious
mode
transportation
troops
supplies
help
develop
agricultural
mineral
resources
territory
foster
settlement
union
pacific
substantial
benefits
transcontinental
railroad
bring
clear
building
simple
matter
risks
great
costs
staggering
popular
sentiment
grew
government
play
role
supporting
massive
project
indeed
president
lincoln
winning
platform
proclaimed
railroad
pacific
ocean
imperatively
demanded
interests
whole
country
federal
government
render
immediate
efficient
aid
construction
ely
railroads
american
law
sufficient
funds
hand
especially
civil
war
fight
serious
reservations
legal
authority
direct
financing
policy
country
say
nothing
supposed
want
constitutional
power
stood
way
taking
work
hands
union
pacific
supra
country
however
land
lots
give
away
vast
swaths
public
land
time
possessed
little
value
without
reliable
transportation
hopes
grants
increase
appeal
transcontinental
railroad
private
investors
ely
supra
early
congress
began
granting
railroad
companies
rights
way
public
domain
accompanied
outright
grants
land
along
rights
way
gates
history
public
land
law
development
land
conveyed
checkerboard
blocks
example
union
pacific
act
lots
one
square
mile
apiece
granted
railroad
lots
retained
leo
sheep
supra
railroads
either
develop
lots
sell
finance
construction
rail
lines
encourage
settlement
future
customers
indeed
railroads
became
largest
secondary
dispenser
public
lands
gates
supra
public
resentment
generous
land
grants
railroads
began
grow
late
western
settlers
initially
staunchest
supporters
governmental
railroad
subsidization
complained
railroads
moved
slowly
placing
lands
market
hands
farmers
settlers
citizens
members
congress
argued
grants
conflicted
goal
homestead
act
encourage
individual
citizens
settle
develop
frontier
lands
legislators
across
political
spectrum
embraced
policy
reserving
public
lands
settlers
rather
granting
railroads
house
resolution
adopted
summed
change
national
policy
stating
judgment
house
policy
granting
subsidies
public
lands
railroads
corporations
discontinued
every
consideration
public
policy
equal
justice
whole
people
requires
public
lands
held
purpose
securing
homesteads
actual
settlers
educational
purposes
may
provided
law
cong
globe
congress
enacted
last
checkerboard
statute
railroads
gates
supra
still
wishing
encourage
railroad
construction
however
congress
passed
least
special
acts
granting
designated
railroads
right
way
public
lands
without
accompanying
land
subsidy
great
northern
rather
continue
enact
special
legislation
right
way
congress
passed
general
railroad
act
stat
act
provided
right
way
public
lands
granted
railroad
company
meeting
certain
requirements
extent
one
hundred
feet
side
central
line
said
road
railroad
company
obtain
right
way
actual
construction
road
advance
construction
filing
map
provided
section
four
act
jamestown
northern
jones
section
turn
provided
company
secure
right
way
filing
proposed
map
rail
corridor
local
department
interior
office
within
months
survey
location
road
upon
approval
interior
department
right
way
noted
land
plats
held
local
office
day
forward
lands
right
way
shall
pass
shall
disposed
subject
right
way
ibid
act
remained
effect
provisions
governing
issuance
new
rights
way
repealed
federal
land
policy
management
act
stat
case
requires
us
define
nature
interest
granted
act
order
determine
happens
railroad
abandons
right
way
melvin
brandt
began
working
sawmill
fox
park
wyoming
later
purchased
sawmill
moved
family
fox
park
melvin
son
marvin
started
working
sawmill
came
operate
closed
years
later
patented
parcel
land
fox
park
surrounded
medicine
national
forest
melvin
lulu
brandt
land
patent
official
document
reflecting
grant
sovereign
made
public
patent
patent
conveyed
brandts
fee
simple
title
land
rights
privileges
immunities
appurtenances
whatsoever
nature
thereunto
belonging
unto
said
claimants
successors
assigns
forever
app
pet
cert
patent
include
limited
exceptions
reservations
example
patent
except
reserv
es
land
granted
thereon
ditches
canals
constructed
authority
reserv
es
existing
platte
access
road
reserv
es
existing
dry
park
road
capitalization
omitted
roads
cease
used
assigns
period
five
years
patent
provides
easement
traversed
thereby
shall
terminate
relevant
case
patent
concludes
stating
land
granted
subject
rights
railroad
purposes
granted
laramie
hahn
peak
pacific
railway
company
successors
assigns
ibid
capitalization
omitted
patent
specify
occur
railroad
abandoned
right
way
right
way
referred
patent
obtained
laramie
hahn
peak
pacific
railroad
lhp
pursuant
right
way
miles
long
feet
wide
meanders
south
laramie
wyoming
medicine
national
forest
border
nearly
stretch
right
way
crosses
brandt
land
fox
park
covering
ten
acres
parcel
lhp
completed
construction
railway
right
way
laramie
coalmont
colorado
proprietors
rosy
expectations
proclaiming
become
one
important
railroad
systems
country
laramie
hahns
peak
pacific
railway
system
direct
gateway
southern
wyoming
northern
colorado
eastern
utah
railroad
ultimately
fell
short
goal
rather
shipping
coal
valuable
ores
originally
hoped
lhp
used
primarily
transport
timber
cattle
king
trails
rails
history
wyoming
railroads
largely
high
operating
costs
wyoming
winters
lhp
never
quite
achieved
financial
stability
changed
hands
numerous
times
acquired
union
pacific
railroad
urging
interstate
commerce
commission
ibid
thybony
rosenberg
rosenberg
medicine
bows
wyoming
mountain
country
hollenback
laramie
plains
line
union
pacific
sold
rail
line
including
right
way
wyoming
colorado
railroad
planned
use
tourist
attraction
king
supra
prove
profitable
either
wyoming
colorado
notified
surface
transportation
board
intent
abandon
right
way
railroad
tore
tracks
ties
receiving
board
approval
completed
abandonment
initiated
action
seeking
judicial
declaration
abandonment
order
quieting
title
abandoned
right
way
addition
railroad
government
named
defendants
owners
parcels
land
crossed
abandoned
right
way
government
settled
obtained
default
judgment
one
landowners
marvin
brandt
contested
government
claim
filed
counterclaim
behalf
family
trust
owns
fox
park
parcel
brandt
asserted
stretch
right
way
crossing
family
land
mere
easement
extinguished
upon
abandonment
railroad
common
law
property
rules
enjoyed
full
title
land
without
burden
easement
government
countered
along
retained
reversionary
interest
railroad
right
way
future
estate
restored
railroad
abandoned
forfeited
interest
district
granted
summary
judgment
government
quieted
title
right
way
brandt
land
wl
apr
appeals
affirmed
brandt
fed
appx
per
curiam
acknowledged
division
among
lower
courts
regarding
nature
government
interest
abandoned
act
rights
way
concluded
based
circuit
precedent
retained
implied
reversionary
interest
right
way
vested
right
way
relinquished
granted
certiorari
ii
dispute
turns
nature
interest
conveyed
lhp
pursuant
act
brandt
contends
right
way
granted
act
easement
railroad
abandoned
underlying
land
brandt
fox
park
parcel
simply
became
unburdened
easement
government
dispute
easements
normally
work
way
maintains
act
granted
railroads
something
easement
reserving
implied
reversionary
interest
something
government
loses
argument
today
large
part
argued
opposite
years
ago
case
great
northern
railway
great
northern
succeeded
act
right
way
ran
public
lands
glacier
county
montana
oil
later
discovered
area
great
northern
wanted
drill
beneath
right
way
government
sued
enjoin
railroad
claiming
railroad
easement
retained
interests
beneath
surface
indeed
previously
held
statutes
granting
rights
way
accompanied
checkerboard
land
subsidies
conveyed
railroads
limited
fee
made
implied
condition
reverter
see
northern
pacific
townsend
great
northern
relied
cases
contend
owned
fee
interest
right
way
included
right
drill
minerals
beneath
surface
government
disagreed
argued
act
granted
easement
nothing
railroad
accordingly
claim
interest
resources
beneath
surface
brief
great
northern
year
marks
end
one
era
beginning
new
american
history
government
contended
thus
cases
construing
statutes
inapplicable
construing
act
instead
government
argued
text
background
subsequent
administrative
congressional
construction
act
made
clear
unlike
rights
way
granted
statutes
granted
act
mere
easements
adopted
position
full
holding
act
clearly
grants
easement
fee
great
northern
found
section
act
especially
persuasive
provided
lands
right
way
shall
pass
shall
disposed
subject
right
way
ibid
calling
language
wholly
inconsistent
grant
fee
interest
endorsed
lower
statement
pter
words
indicate
intent
convey
easement
difficult
find
ibid
interpretation
confirmed
explained
historical
background
act
passed
subsequent
administrative
congressional
interpretation
accepted
government
position
prior
cases
describing
nature
rights
way
including
townsend
supra
controlling
shift
congressional
policy
year
great
northern
supra
also
specifically
disavowed
characterization
act
right
way
rio
grande
western
stringham
limited
fee
made
implied
condition
reverter
great
northern
supra
quoting
stringham
supra
noted
stringham
appear
congress
change
policy
brought
attention
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brief
filed
defendant
case
great
northern
supra
dissent
wrong
conclude
great
northern
merely
held
right
way
confer
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particular
attribute
fee
title
post
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sotomayor
contrary
specifically
rejected
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right
way
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also
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follow
cases
describing
right
way
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base
qualified
fee
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concluded
clear
language
act
legislative
history
early
administrative
interpretation
construction
placed
upon
congress
enactments
railroad
obtained
easement
rights
way
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act
see
union
pacific
noting
conclusion
great
northern
period
easement
railroad
purposes
granted
frankfurter
dissenting
observing
conclude
great
northern
case
right
way
granted
act
easement
limited
fee
patented
fox
park
parcel
brandt
parents
conveyed
fee
simple
title
land
subject
rights
railroad
purposes
granted
lhp
reserve
interest
right
way
patent
great
northern
railroad
thus
easement
right
way
land
owned
brandts
essential
features
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important
happens
cease
used
well
settled
matter
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law
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right
enter
use
land
possession
another
obligates
possessor
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uses
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easement
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third
property
servitudes
unlike
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estates
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may
unilaterally
terminated
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servient
owner
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estate
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comment
comments
words
beneficiary
easement
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landowner
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full
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land
see
smith
townsend
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title
government
land
ran
right
way
acquire
fee
whole
tract
subject
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company
ever
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right
way
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railroad
company
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full
title
right
way
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op
atty
purchasers
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way
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proprietors
soil
basic
common
law
principles
resolve
case
wyoming
colorado
railroad
abandoned
right
way
easement
referred
brandt
patent
terminated
brandt
land
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easement
conferring
full
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right
way
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rest
fox
park
parcel
iii
contrary
straightforward
conclusion
government
tells
us
great
northern
really
mean
said
emphasizing
great
northern
involved
question
owned
oil
min
erals
beneath
right
way
government
asks
limit
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act
rights
way
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right
way
features
easement
granting
surface
interest
railroad
government
wants
subsurface
oil
minerals
government
asks
us
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right
way
easement
purposes
happens
railroad
stops
using
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text
act
supports
improbable
reading
government
argues
similarity
language
act
statutes
shows
congress
intended
reserve
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interest
lands
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act
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see
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directly
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premise
decision
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great
northern
act
granted
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way
predecessor
statutes
see
great
northern
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northern
argument
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essential
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act
contrary
government
position
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government
position
great
northern
stands
proposition
statutes
decisions
construing
little
relevance
question
interest
act
conveyed
railroads
government
next
contends
decisions
stalker
oregon
short
line
great
northern
steinke
support
position
retains
implied
reversionary
interest
act
rights
way
brief
according
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stalker
steinke
demonstrate
rights
way
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common
law
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patents
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supra
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oral
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title
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right
way
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failing
pass
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substantial
overreading
cases
stalker
steinke
railroad
already
obtained
act
right
way
thereafter
claimed
adjacent
land
station
grounds
act
permitted
right
way
homesteader
subsequently
filed
claim
land
unaware
station
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case
whether
railroad
build
station
grounds
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subsequent
patent
homesteader
homesteader
claimed
priority
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station
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local
land
office
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homesteader
filed
claim
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railroad
priority
submitted
proposed
map
department
interior
homesteader
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claim
see
stalker
supra
steinke
supra
dispute
case
framed
terms
competing
claims
right
acquire
develop
tract
land
ruled
railroad
purport
define
precise
nature
interest
granted
act
indeed
appear
either
case
considered
much
less
rejected
argument
railroad
obtained
easement
contested
land
patent
still
convey
title
homesteader
event
extent
stalker
steinke
read
imply
granted
something
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implication
survived
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great
northern
act
clearly
grants
easement
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relies
number
later
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way
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place
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way
railroad
constructed
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road
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lands
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way
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benefit
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right
way
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title
interest
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said
lands
land
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public
highway
immediately
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municipality
located
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person
owned
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land
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trails
system
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act
congress
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course
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retain
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forfeited
railroad
rights
way
specifying
right
title
interest
estate
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way
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government
argues
statutes
prove
congress
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reversionary
interest
act
rights
way
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argument
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providing
disposition
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land
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kind
interest
congress
granted
railroads
rights
way
cf
leo
sheep
pertinent
inquiry
case
intent
congress
granted
land
union
pacific
great
northern
answered
question
easement
statutes
government
cites
purport
define
redefine
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railroads
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price
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interest
particular
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tell
us
interest
might
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rights
way
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way
crossing
public
lands
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make
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forfeited
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right
way
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title
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apply
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sections
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plainly
evince
congress
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divest
title
interest
retained
railroad
rights
way
vest
interest
individuals
underlying
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patented
words
people
like
brandts
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fox
park
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brandts
congress
attempted
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shift
operate
create
interest
land
government
already
given
years
ago
government
argued
right
way
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act
simple
easement
persuaded
ruled
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right
way
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change
position
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land
titles
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leo
sheep
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circuit
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case
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ordered
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marvin
brandt
revocable
trust
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al
petitioners
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circuit
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justice
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bases
today
holding
almost
entirely
great
northern
conclusion
general
railroad
act
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easement
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railroad
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way
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ways
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northern
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rio
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stringham
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northern
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northern
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stringham
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way
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northern
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ago
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way
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act
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way
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whether
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great
northern
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stringham
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way
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thing
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great
northern
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sought
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way
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northern
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fee
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cf
cardozo
paradoxes
legal
science
reprint
craft
case
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attribute
fee
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defeasibility
party
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great
northern
majority
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northern
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basic
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massachusetts
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land
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mass
iowa
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old
law
books
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smith
hall
iowa
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majority
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bound
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way
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northern
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way
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northern
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way
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permit
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townsend
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northern
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way
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northern
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way
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pp
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northern
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thousands
miles
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enjoys
means
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lawsuits
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conversion
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recreational
trails
alone
may
well
cost
american
taxpayers
hundreds
millions
believe
law
requires
result
respectfully
dissent
footnotes
locals
time
translated
acronym
lhp
lord
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northern
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grant
conveyed
easement
fee
footnotes
dept
justice
environment
natural
resources
fy
performance
budget
congressional
submission
http
visited
mar
available
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file