Property Law Keyed to Dukeminier
Presault v. United States
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Plaintiffs have a fee simple interest in a tract of land near the shore of Lake Champlain in Burlington, Vermont over which the tracks ran. The original rights of way were acquired by the Rutland-Canadian railroad company. Rails-to-Trails was not a program of direct acquisitions because Congress believed that only some conversions would be takings since most rights-of-way were held as fee simple. Vermont Railway removed the tracks and railway equipment from the land in 1975. Since 1975, it collected some licensing fees from the Plaintiffs to establish a fixed crossing.
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