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BRANDT REVOCABLE TRUST v. UNITED STATES

Docket No.: 12-1173
Certiorari Granted: Oct 1 2013
Argued: January 14, 2014

Topics:

patent, property rights, stare decisis

PartyNames: Marvin M. Brandt Revocable Trust, et al. v. United States
Petitioner: Marvin M. Brandt Revocable Trust, et al.
Respondent: United States

Court Below: United States Court of Appeals for the Tenth Circuit
Citation: 496 Fed.Appx. 822
Supreme Court Docket

Marvin M. Brandt Revocable Trust, et al.
v.
United States
Background:

This case involves the General Railroad Right-of-Way Act of 1875 ("1875 Act"), under which thousands of miles of rights-of-way exist across the United States. In Great Northern Ry. Co. v. United States, 315 U.S. 262 (1942), this Court held that 1875 Act rights-of-way are easements and not limited fees with an implied reversionary interest. Based upon the 1875 Act and this Court's decisions, the Federal and Seventh Circuits have concluded that the United States did not retain an implied reversionary interest in 1875 Act rights-of-way after the underlying lands were patented into private ownership. In this case, the Tenth Circuit reached the opposite conclusion and acknowledged that its decision would continue a circuit split.

Question Presented:

Did the United States retain an implied reversionary interest in 1875 Act rights-of way after the underlying lands were patented into private ownership?

BRANDT REVOCABLE TRUST v. UNITED STATES
ORAL ARGUMENT

January 14, 2014

Listen to Oral Argument in BRANDT REVOCABLE TRUST v. UNITED STATES
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