Strange Things Are Afoot in Takings Case

By: Michael M. Berger
– Daily Journal

"A petition for certiorari is pending in a strange takings case: Brott v. United States, 17-712. Although few come in contact with this kind of taking, the legal issues surrounding its process are what is strange. The case concerns a federal statute involving the conversion of abandoned railroad rights-of-way to recreational (i.e., hiking and biking) trails. It is an unusual enough kind of case that the U.S. Supreme Court has only heard two of them: Preseault v. I.C.C., 494 U.S. 1 (1990); Brandt v. United States, 134 S. Ct. 1257 (2014)."

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