Rail

Here’s the final program and faculty list for the 2015 Hawaii Land Use Conference, coming up Thursday and Friday, January 15-16, 2015, in downtown Honolulu.

This is the bi-annual gathering of Hawaii’s land use mavens, and this year’s program has two very special presenters. Storied lawprof Richard Epstein (perhaps more than a “mere mortal”

Here’s the Washington Court of Appeals in City of Bellevue v. Pine Forest Properties, Inc., No. 71827-4-1 (Dec. 22, 2014):

Without question, condemnation of the property for construction of the East Link Project and the City’s road improvement project is a public use.

Slip op. at 15. There’s more detailed analysis in the

2015 Hawaii Land Use Law Conference Banner - Credits

Registration is now open for the 2015 Hawaii Land Use Law Conference, to be held in downtown Honolulu on Thursday-Friday, January 15-16, 2015.

This is the bi-annual conference, co-chaired by U. Hawaii lawprof David Callies and land use lawyer Ben Kudo, that brings together the big names in our area of law. In other

Lgo

ALI-CLE, the good folks who put on the annual programs on Eminent Domain and Land Valuation, and Condemnation 101: How to Prepare and Present an Eminent Domain Case, have announced the dates and venue for the 2015 conferences:

Thursday – Saturday, February 5-7, 2015 

Hotel Nikko, in San Francisco.

Those

Here are two recent reports on the progress of the Honolulu rail project that should be read in-tandem:

Both stories are partially behind a paywall, but here’s

For you rails-to-trails fans, here’s the latest from the Federal Circuit. In Biery v . United States, No. 13-5082 (June 2, 2014), the court held that interests which certain Kansas property owners conveyed to railroads back in the day were grants in fee simple, and some were grants of an easement.  

The issue

For those of you who are members of the ABA, here’s a tangible member benefit.

On Wednesday, April 9, 2014, tune in for a free webinar, “Rails-to-Trails and the Impact of Brandt Revocable Trust v. United States.” The program is sponsored by the Real Property, Trusts & Estates Legal Education and Uniform Laws Group. 

Here are the details:

ABA-RPTE Professors’ Corner – A FREE monthly webinar featuring a panel of law professors, addressing topics of interest to practitioners of real estate and trusts/estates

This is a One Hour WEBINAR

Wednesday, April 9, 2014
12:30 pm Eastern / 11:30 am Central / 10:30 am Mountain / 9:30 am Pacific

Register online here.  

March’s Program: “Rails-to-Trails and the Impact of Brandt Revocable Trust v. United States

Professors’ Corner is a monthly webinar (on the second Wednesday of each month) featuring a panel of law professors, discussing recent cases or issues of interest to real estate or trust and estate practitioners and scholars.

Speakers:

  • Professor Danaya C. Wright, University of Florida Levin College of Law
  • Professor Michael Allan Wolf, University of Florida Levin College of Law

On March 10, 2014, the U.S. Supreme Court decided Brandt Revocable Trust v. U.S., involving the interpretation of the General Railroad Right-of-Way Act of 1875. The case involved a railroad right of way obtained in 1908, crossing land conveyed by the U.S. to the Brandt family in a 1976 land patent that did not specify what would happen if the railroad later relinquished its right of way (which occurred some years later). In the case, the U.S. sought to quiet title to the abandoned right of way, including the portion that crossed the land conveyed by the Brandt patent. Reversing the Tenth Circuit, which had affirmed a grant of summary judgment for the U.S., the Supreme Court held that the right of way was only an easement and was extinguished when the railroad abandoned it. The decision has already created some substantial consternation regarding its potential impact on the Rails-to-Trails movement and recreational trail development along abandoned rail corridors.

We’re registered, and you should too.
Continue Reading Mark Your Calendars: “Rails-to-Trails and the Impact of Brandt Revocable Trust v. United States” (4/9/2014) – Free To ABA Members

It’s Friday, so we’re slacking a bit on the blogging. But our colleagues at the Nossaman firm have given us a couple of good pieces for our reading enjoyment.