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Lombardi Law Firm

Is that bike path running along the property you want to buy safe?

Steve Lombardi
Iowa personal injury, workers' compensation, motorcycle, quadriplegic, paraplegic, brain injury, death

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There is an interesting United States Supreme Court decision, Marvin Brandt Revocable Trust v. U.S., No. 12-1173 that was recently decided. One family objected to the local government’s request for the property to be deeded over for a bike path. There are several places on the Internet where you can read a synopsis of the case, but let me provide you with the bottom line. The government when it gave the use of the land to the railroads gave only an easement, a legal right to simply use the land. But like all easements if you terminate the use the land reverts back to the title holder. In this instance it was a rancher in Wyoming.

From this decision I don’t think you can assume too much about your bike path. There is no word yet from the Wyoming land holder about whether they will grant an easement to the entity in charge of the bike path; they may or they may not.

For help with your bike path case call the Lombardi Law Firm.

Category: Property & Real Estate Injuries

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