Preseault v. Interstate Commerce Commission
Supreme Court of the United States
1Opinion of the CourtJustice Brennan
The question presented is the constitutionality of a federal “rails-to-trails” statute under which unused railroad rights-of-way are converted into recreational trails notwithstanding whatever reversionary property interests may exist under state law. Petitioners contend that the statute violates both the Fifth Amendment Takings Clause and the Commerce Clause, Art. I, §8. We find it unnecessary to evaluate the merits of the takings claim because we hold that even if the rails-to-trails statute gives rise to a taking, compensation is available to petitioners under the Tucker Act, 28 U. S. C. §…
Also in this document: Concurrence.
2Cases cited30 opinions
- Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985
- Duke Power Co. v. Carolina Environmental Study Group, Inc.Supreme Court of the United States · 1978
- Ruckelshaus v. Monsanto Co.Supreme Court of the United States · 1984
- Hodel v. Virginia Surface Mining & Reclamation Assn., Inc.Supreme Court of the United States · 1981
- Regional Rail Reorganization Act CasesSupreme Court of the United States · 1974
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3Cited by709 opinions
- United States v. LopezSupreme Court of the United States · 1995
- Dolan v. City of TigardSupreme Court of the United States · 1994
- Eastern Enterprises v. ApfelSupreme Court of the United States · 1998
- Elgin v. Department of the TreasurySupreme Court of the United States · 2012
- Caldwell, Iii v. United StatesCourt of Appeals for the Federal Circuit · 2004
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