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Monday, June 27, 2011
Ind. Decisions - Our Supreme Court accepts certified question on railbanking and interim trail use
By an order posted this morning and filed June 23, 2011, the Supreme Court has accepted this Certified Question from the United States Court of Federal Claims:
“Under Indiana law, are railbanking and interim trail use pursuant to 16 U.S.C. § 1247(d) uses that are within the scope of the easements acquired by the railroad companies either by prescription, condemnation, or the deed at issue; and if either is not within the scope of the easements originally acquired, is railbanking with the interim tr[ai]l use a shifting public use?”
Posted by Marcia Oddi on June 27, 2011 09:44 AM
Posted to Ind. Sup.Ct. Decisions