January 22, 2014
On January 14, 2014, the Supreme Court heard oral argument in Marvin M. Brandt Revocable Trust v. United States. The question in the case is Whether the United States retained an implied reversionary interest in rights-of-way created by the General Railroad Right of Way Act of 1875 after the federal government granted the lands underlying the right-of-way to a private party. In short, who owns or controls the lands when the railroads stop using it for rails, stations, and switching yards?
To discuss the case, we have Richard Epstein who is the Laurence A. Tisch Professor of Law at the New York University School of Law.