Gov't Merits Brief In Rails To Trails Case

Here's the Brief for the United States in Marvin M. Brandt Revocable Trust v. United States, No. 12-1173 (filed Dec. 17, 2013).

That's the case, set for argument on January 14, 2014, in which the Court is considering the meaning of the term railroad "right of way" as used in an 1875 federal statute.

As our amici brief argues, if the Court accepts the government's theory in the case, it could wipe out an entire class of rails-to-trails takings cases.

Brief for the United States, Marvin M. Brandt Revocable Trust v. United States, No. 12-1173 (Dec. 17, 2013)...