Legal Issues

Rails-to-Trails Legal Team Protects Two Trail Corridors in Washington State

Posted 08/21/18 by Eli Griffen in Taking Action, Policy | Tagged with Legal Issues, RTC in Action, Threats to Trail Building, Washington

East Lake Sammamish Trail in King County, Washington | Photo by Barbara Richey, courtesy Rails-to-Trails Conservancy

Last year, Rails-to-Trails Conservancy’s (RTC’s) legal team became actively involved in two cases—Hornish Joint Living Trust, et al. v. King County, and Kaseburg et al. v. King County, et al., involving attacks on railbanked rail-trails in King County. On Aug. 3, 2018, the United States Court of Appeals for the Ninth Circuit ruled in favor of King County in both of these cases, rejecting attempts by adjacent landowners to limit the rights of trail managers to use the full width of the right of way. The Ninth Circuit ruling was a decisive victory that sets an important precedent for trail groups in the United States.

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Great Shasta Rail Trail | Photo by Christina Schmidlin with Hellikon, courtesy Great Shasta Rail Trail Association

A View From … The National Trails System

Posted 01/03/18 by Laura Stark in America's Trails, Success Stories | Tagged with Best Of, California, Connected Systems, Demand for Trails, Ecology and Environment, Encouraging Trail Use, Federal, History Happened Here, Legal Issues, Maryland, New York, North Dakota, Oregon, Pennsylvania, Success Stories, Tourism , Trail Destinations, Trails of the World, Virginia, Walkability and Bikeability, Washington, Wild and Wonderful, Wisconsin

In 2018, we celebrate the 50th anniversary of the National Trails System Act, which provided an incredible legacy for all Americans. Five of these iconic American experiences are listed below along with rail-trails that weave in and around them.

Photo © Mark Fischer

What the Marvin M. Brandt Case Means for America’s Rail-Trails

Posted 03/17/14 by Rails-to-Trails Conservancy in Policy | Tagged with Federal, Legal Issues, Threats to Trail Building, Wyoming

On March 10, the U.S. Supreme Court handed down its decision in the case of Marvin M. Brandt Revocable Trust et al. v. United States. The issue in this case was whether the federal government retains an interest in railroad rights-of-way that were created by the federal General Railroad Right-of-Way Act of 1875, after the cessation of railroad activity on the corridor.