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Answer to Supreme Court Case Implications to Planning Effort

April 8, 2014

There has been a lot of questions surrounding the March 10, 2014 U.S. Supreme Court ruling in the case involving a rail corridor formerly on federal land that is now privately owned (Marvin B. Brandt Revocable Trust et al. v United States) and its potential impact on the Salmonberry Corridor Master Planning process.

In our review of the case it appears that this ruling will not have an impact on our planning process. The determination is made due to the fact that the Salmonberry Corridor is intended to be part of an active or rail banked rail right-of-way. It appears that these types of rail-trails are not impacted by the above mentioned Supreme Court ruling. I have attached a pdf from the Rails-to-Trails Conservancy that illustrates the Supreme Court ruling.

Rail Trail – Supreme Court Decision matrix

2 Comments leave one →
  1. Anonymous permalink
    April 20, 2014 7:25 am

    I think you are wrong and this land should revert back to the original landowners. trot get excited about it – this could be a fight for many years!

  2. C. Montange permalink
    August 24, 2014 6:02 am

    When the Tillamook Branch was exempted from most ICC/STB regulatory requirements, the agency retained authority to railbank the authority under 16 USC 1247(d). If the “Coalition” seeks railbanking, that relief should be granted, and there will be no fight for many years.

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