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Supreme Court to Government: Stop Railroading Property Owners

by Trevor Burrus
for Cato Institute

Posted 3/17/2014

Today, in Marvin M. Brandt Revocable Trust v. United States, the Supreme Court rebuked another attempt by the Obama administration to adopt a novel and extreme litigating position that was contrary to well-established precedent. Eight justices agreed with Cato’s amicus brief, holding that the United States does not retain a property interest in former railroad lands that are no longer used by railroads. Although this may seem like an arcane issue for Cato to be involved in, the case actually resembles a typical takings case, but this time the government tried to define a property right out of existence rather than pay compensation to the owners. Continue reading

U. S. Supreme Court rules in favor of property owner over railroad right-of-way

by David Roland, for
Freedom Foundation

Posted 3/17/2014

On March 10, 2014, eight of the nine U.S. Supreme Court justices responded to the U.S. government’s efforts to bully property owners by punching the bully square in the nose. Continue reading

Waterfront homes may become victim to Port Orchard walking ‘trail’

By Tracy Vedder 

Posted 11/29/2013

PORT ORCHARD, Wash. — A handful of Port Orchard homeowners are fighting city hall to protect their way of life.  They fear the city wants to take their waterfront homes to build a pedestrian path.

Randy Jones is one of those homeowners; he bought his home, which rests on pilings over the Port Orchard beach, 35 years ago.  He’s made friends with the seagulls, hand-raised orphan geese, and still waits anxiously for high tide and salmon season.  “The tide comes in…you can see salmon coming underneath your house.”
Continue reading

Supreme Court to hear challenge to Forest Service’s ‘rails to trails’ program

Jeremy P. Jacobs, E&E reporter
E&E Publishing


 The Supreme Court today granted review of a Wyoming man’s challenge to a Forest Service claim that it has a right to build a trail on his land.

At issue in Marvin M. Brandt Revocable Trust v. USA is the Forest Service’s program for turning abandoned railways into trails, or rails-to-trails.

Brandt, of Fox Park, owns 83 acres of land he acquired from the Forest Service in 1976.

The land was once part of a government easement for a railroad that operated from 1904 to 1995. The Laramie, Hahn’s Peak and Pacific Railroad Co. operated the track, which ran 66 miles from Laramie, Wyo., to the Colorado line. Continue reading

Investigators recover knife in morning trail attack


July 23, 2012

The Clallam County Sheriff’s Office is requesting the public’s help in finding a man who attacked a woman on the Discovery Trail near the Dungeness River on Saturday morning.


According to Sheriff’s deputies, at about 8:30 a.m. July 21 a 22-year-old Sequim woman was attacked while riding a bicycle west of the Dungeness River on the trail near the parking area off Runnion Road.

Continue reading

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