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Property Keyed to Saxer
Marvin M Brandt Revocable Trust v. United States
Citation:
572 U.S. 93Facts
The 1875 General Railroad Right-of-Way Act permitted the Federal Government to create right-of-ways for railroads, and in 1908 an a railroad company was granted such and built rail lines through the land which would come to be owned by the Brandts. In 1976 the Federal Government issued a patent for land transferring it to the Brandt family; included in the patent was language subjecting the land to a right-of-way for the railroad currently using the tracks, and any successors in interest to do the same. The patent did not, however, include language that would permit the Federal Government to claim a reversionary interest in the right-of-way. In 2004, the railroad formally abandoned the tracks passing through the right-of-way. The US Forest Service planned to turn the land into a park, and the Federal Government sought to quiet title of the right-of-way for itself. Brandt counterclaimed, seeking full ownership of the abandoned right-of-way.
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