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MARVIN M. BRANDT REVOCABLE TRUST v. U.S.

No. 12-1173.

134 S.Ct. 1257 (2014)

188 L.Ed.2d 272

MARVIN M. BRANDT REVOCABLE TRUST, et al., Petitioners v. UNITED STATES.

Supreme Court of United States.

Decided March 10, 2014.

Attorney(s) appearing for the Case

Steven J. Lechner, Denver, CO, for Petitioners.

Anthony A. Yang, Washington, D.C., for Respondent.

Steven J. Lechner, Esq., Counsel of Record, Jeffrey W. McCoy, Esq., Mountain States Legal Foundation, Lakewood, CO, for Petitioners.

Donald B. Verrilli, Jr., Solicitor General, Robert Dreher, Acting Assistant Attorney General, Edwin S. Kneedler, Deputy Solicitor General, Anthony A. Yang, Assistant to the Solicitor General, Counsel of Record, William B. Lazarus, John L. Smeltzer, Katherine J. Barton, Department of Justice, Washington, D.C., for Respondent.

Chief Justice ROBERTS delivered the opinion of the Court.

In the mid-19th century, Congress began granting private railroad companies rights of way over public lands to encourage the settlement and development of the West. Many of those same public lands were later conveyed by the Government to homesteaders and other settlers, with the lands continuing to be subject to the railroads' rights of way. The settlers and their successors remained, but many of the railroads...

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