preseault
icc
argued
november
decided
february
federal
law
failed
deal
adequately
national
problem
shrinking
rail
trackage
congress
enacted
national
trails
system
act
amendments
amendments
national
trails
system
act
trails
act
authorize
interstate
commerce
commission
icc
commission
preserve
possible
future
railroad
use
currently
service
allow
interim
use
land
recreational
trails
section
statute
provides
railroad
wishing
cease
operations
along
particular
route
may
negotiate
state
municipality
private
group
prepared
assume
financial
managerial
responsibility
parties
reach
agreement
land
may
subject
terms
conditions
transferred
trial
operator
interim
trail
use
notwithstanding
whatever
reversionary
interests
may
exist
property
state
law
agreement
reached
railroad
may
abandon
line
entirely
thereby
allowing
property
revert
abutting
landowners
terms
applicable
easements
state
law
provide
reversion
vermont
railway
stopped
using
adjacent
petitioners
land
vermont
petitioners
brought
quiet
title
action
alleging
railroad
easement
abandoned
thus
extinguished
therefore
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state
law
holding
lacked
jurisdiction
icc
authorized
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route
therefore
still
exercised
exclusive
jurisdiction
dismissed
action
state
affirmed
petitioners
sought
certificate
abandonment
icc
commission
granted
petition
permit
railroad
discontinue
rail
service
transfer
city
burlington
interim
trail
use
federal
appeals
affirmed
rejecting
petitioners
contentions
unconstitutional
face
takes
private
property
without
compensation
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fifth
amendment
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exercise
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power
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even
statute
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amendment
therefore
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since
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claims
government
recover
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founded
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alia
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exhibit
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section
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statements
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rejection
ambitious
program
federally
owned
managed
trails
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failure
make
use
available
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order
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need
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congressional
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encourage
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preserve
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railroad
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reactivation
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service
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adapted
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correct
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banking
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owners
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amendments
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banking
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mandatory
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abandonments
long
history
congressional
attempts
address
problem
rail
abandonments
provides
sufficient
reason
defer
legislative
judgment
appropriate
answer
furthermore
light
history
congress
entitled
make
judgment
every
line
potentially
valuable
national
asset
meriting
preservation
even
future
rail
use
currently
foreseeable
fact
icc
must
certify
public
convenience
necessity
permit
abandonment
granting
interim
trail
use
permit
indicate
statute
fails
promote
purpose
preserving
rail
corridors
pp
brennan
delivered
opinion
unanimous
filed
concurring
opinion
scalia
kennedy
joined
post
michael
berger
argued
cause
petitioners
briefs
clarke
gravel
richard
davis
christopher
greene
brian
martin
argued
cause
federal
respondents
brief
acting
solicitor
general
bryson
acting
assistant
attorney
general
carr
deputy
solicitor
general
wallace
anne
almy
james
brookshire
robert
burk
ellen
hanson
john
dunleavy
assistant
attorney
general
argued
cause
respondents
state
vermont
et
al
brief
jeffrey
amestoy
attorney
general
john
leddy
briefs
amici
curiae
urging
reversal
filed
american
farm
bureau
federation
et
al
john
rademacher
richard
krause
missouri
farm
bureau
federation
et
al
ron
mcmillin
lori
lerine
national
association
realtors
ralph
holmen
pacific
legal
foundation
et
al
ronald
zumbrun
edward
connor
briefs
amici
curiae
urging
affirmance
filed
montgomery
county
maryland
fritz
kahn
clyde
sorrell
iowa
association
county
conservation
boards
et
al
charles
montange
national
association
counties
et
al
benna
ruth
solomon
joyce
holmes
benjamin
beate
bloch
james
quarles
iii
jerold
kayden
conservancy
et
al
robert
brager
david
friedland
david
burwell
briefs
amici
curiae
filed
state
california
et
al
john
van
de
kamp
attorney
general
california
gregory
taylor
theodora
berger
assistant
attorneys
general
dennis
eagan
craig
thompson
terry
fujimoto
deputy
attorneys
general
attorneys
general
respective
follows
robert
butterworth
florida
thomas
miller
iowa
frederick
cowan
kentucky
frank
kelley
michigan
brian
mckay
nevada
stephen
merrill
new
hampshire
nicholas
spaeth
north
dakota
anthony
celebrezze
ohio
ernest
preate
pennsylvania
roger
tellinghuisen
south
dakota
paul
van
dam
utah
charles
brown
west
virginia
national
association
reversionary
property
owners
daryl
dentsch
justice
brennan
delivered
opinion
question
presented
constitutionality
federal
statute
unused
railroad
converted
recreational
trails
notwithstanding
whatever
reversionary
property
interests
may
exist
state
law
petitioners
contend
statute
violates
fifth
amendment
takings
clause
commerce
clause
art
find
unnecessary
evaluate
merits
takings
claim
hold
even
statute
gives
rise
taking
compensation
available
petitioners
tucker
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ed
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fifth
amendment
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also
hold
statute
valid
exercise
congressional
power
commerce
clause
statute
issue
case
national
trails
system
act
amendments
amendments
pub
stat
national
trails
system
act
trails
act
pub
stat
codified
amended
et
seq
culmination
congressional
efforts
preserve
shrinking
rail
trackage
converting
unused
recreational
trails
nation
railway
system
reached
peak
miles
today
miles
use
experts
predict
miles
abandoned
every
year
end
century
concerned
loss
trackage
congress
included
railroad
revitalization
regulatory
reform
act
act
pub
stat
amended
ed
several
provisions
aimed
promoting
conversion
abandoned
lines
trails
section
act
required
secretary
transportation
prepare
report
alternative
uses
abandoned
railroad
section
authorized
secretary
interior
encourage
conversion
abandoned
recreational
conservational
uses
financial
educational
technical
assistance
local
state
federal
agencies
see
note
following
section
authorized
interstate
commerce
commission
icc
commission
delay
disposition
rail
property
days
effective
date
order
permitting
abandonment
unless
property
first
offered
sale
reasonable
terms
public
purposes
including
recreational
use
see
congress
recognized
measures
ha
successful
establishing
process
railroad
immediately
necessary
active
service
utilized
trail
purposes
congress
enacted
amendments
trails
act
authorize
icc
preserve
possible
future
railroad
use
currently
service
allow
interim
use
land
recreational
trails
section
provides
railroad
wishing
cease
operations
along
particular
route
may
negotiate
state
municipality
private
group
prepared
assume
financial
managerial
responsibility
parties
reach
agreement
land
may
transferred
trail
operator
interim
trail
use
subject
terms
conditions
agreement
reached
railroad
may
abandon
line
entirely
liquidate
interest
section
amended
trails
act
provides
interim
trail
use
shall
treated
purposes
law
rule
law
abandonment
use
railroad
purposes
language
gives
rise
takings
question
typical
case
many
railroads
outright
rather
hold
easements
similar
property
interests
terms
easements
applicable
state
law
vary
frequently
easements
provide
property
reverts
abutting
landowner
upon
abandonment
rail
operations
state
law
generally
governs
disposition
reversionary
interests
subject
course
icc
exclusive
plenary
jurisdiction
regulate
abandonments
chicago
north
western
transp
kalo
brick
tile
impose
conditions
affecting
postabandonment
use
property
see
hayfield
northern
chicago
north
western
transp
deeming
interim
trail
use
like
discontinuance
rather
abandonment
see
supra
congress
prevented
property
interests
reverting
state
law
key
finding
amendment
interim
use
railroad
trail
use
route
remains
intact
future
railroad
purposes
shall
constitute
abandonment
railroad
purposes
finding
alone
eliminate
many
problems
program
concept
attempting
establish
trails
formal
abandonment
railroad
abandoned
railroad
purposes
may
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trail
use
amendment
ensure
potential
interim
trial
use
considered
prior
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petitioners
claim
reversionary
interest
railroad
adjacent
land
vermont
state
vermont
acquired
rutland
railway
corporation
interest
leased
vermont
railway
vermont
railway
stopped
using
route
decade
ago
since
removed
railroad
equipment
including
switches
bridges
track
portion
claimed
petitioners
petitioners
brought
quiet
title
action
superior
chittenden
county
alleging
easement
abandoned
thus
extinguished
reverted
operation
state
property
law
august
superior
dismissed
action
holding
lacked
jurisdiction
icc
authorized
abandonment
route
therefore
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jurisdiction
vermont
affirmed
trustees
diocese
vermont
state
petitioners
sought
certificate
abandonment
rail
line
icc
state
vermont
intervened
claiming
title
fee
simple
arguing
alternative
even
state
interest
easement
land
revert
still
used
public
purpose
vermont
railway
state
petitioned
icc
permit
railroad
discontinue
rail
service
transfer
city
burlington
interim
use
public
trail
trails
act
notice
exemption
decided
january
icc
allowed
railroad
discontinue
service
approved
agreement
state
city
interim
trail
use
see
fed
reg
february
icc
chairman
denied
petitioners
application
stay
pending
administrative
review
decision
became
effective
february
petitioners
motion
reconsideration
clarification
denied
july
commission
noted
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use
conflict
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rights
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land
owners
purpose
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vermont
vermont
railway
discontinuance
service
exemption
chittenden
county
petitioners
sought
review
icc
order
appeals
second
circuit
arguing
trails
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face
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private
property
without
compensation
valid
exercise
congress
commerce
clause
power
appeals
rejected
arguments
reasoned
icc
plenary
exclusive
authority
abandonments
federal
law
must
considered
determining
property
right
held
petitioners
long
determines
land
serve
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purpose
icc
retains
jurisdiction
railroad
matter
whether
purpose
immediate
future
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interest
vest
icc
determined
abandonment
appropriate
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trails
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result
taking
next
found
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legitimate
congressional
purposes
commerce
clause
preserving
rail
corridors
future
railroad
use
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public
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appeals
therefore
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petitioners
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los
angeles
designed
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williamson
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quoting
cherokee
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basis
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encourage
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efficient
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see
also
valid
congressional
objectives
amendments
reasonably
adapted
petitioners
contend
amendments
reasonably
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authorize
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use
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issue
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future
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necessity
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note
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reasonably
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law
serve
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standard
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hold
amendments
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minnesota
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virginia
surface
mining
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congress
considered
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every
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valuable
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regulation
railroad
abandonments
see
colorado
judgment
congress
entitled
make
iv
reasons
stated
judgment
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ordered
footnotes
see
authorities
cited
comment
rails
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akron
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general
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hayfield
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north
western
transp
fed
reg
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discontinuance
authority
allows
railroad
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line
indefinite
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corridor
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reactivation
service
future
section
codified
provides
secretary
transportation
chairman
interstate
commerce
commission
secretary
interior
administering
railroad
revitalization
regulatory
reform
act
shall
encourage
state
local
agencies
private
interests
establish
appropriate
trails
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provisions
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consistent
purposes
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national
policy
preserve
established
railroad
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service
protect
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case
interim
use
established
railroad
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lease
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chapter
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shall
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law
rule
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state
political
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qualified
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payment
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chapter
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nitu
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rail
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provides
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cancel
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qualified
trail
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citu
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abandonment
icc
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final
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time
decision
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case
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citu
nitu
state
vermont
vermont
railway
inc
discontinuance
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chittenden
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docket
ix
see
noting
committee
eliminated
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required
funding
bill
insignificant
cong
rec
remarks
floor
manager
seiberling
committee
recommended
revised
text
eliminated
items
require
future
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expenditures
additional
recommendations
reflect
continuing
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encourage
expansion
trail
recreation
opportunities
across
nation
low
cost
note
icc
construed
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federal
power
condemn
railroad
interim
trail
use
see
rail
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see
also
national
wildlife
federation
icc
app
connecticut
trust
historic
preservation
icc
washington
state
dept
game
icc
state
courts
held
trail
use
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travel
trigger
reversionary
rights
see
state
washington
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cert
denied
reiger
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greene
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claim
floor
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senator
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