Legal Opinion

Louisiana-Pacific Corp. v. Texas Dept. of Transportation

District Court, E.D. Texas

Decided March 23, 1999No. 1:98-cv-01516PublishedCited by 2 opinions

1Opinion of the Court

AMENDED MEMORANDUM OPINION

COBB, District Judge.

In the 1880’s, Plaintiffs predecessors in title (who owned property in question in fee simple) granted easements for railroad purposes to the Sabine and East Texas Railway Company. Southern Pacific Railway, the current defendant, subsequently acquired these easements..

In 1994, Southern Pacific, pursuant to The National Trails System Act of 1983,16 U.S.C. § 1247(d) (“Trails Act”) conveyed the easements in question to the Texas Department of Transportation. The Trails Act allows a railroad wishing to cease operations on a line to negotiate with,…

2Cases cited21 opinions

  1. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  2. Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
  3. Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985
  4. Bowen v. MassachusettsSupreme Court of the United States · 1988
  5. Preseault v. Interstate Commerce CommissionSupreme Court of the United States · 1990

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3Cited by2 opinions

  1. King County v. RasmussenDistrict Court, W.D. Washington · 2001
  2. Good v. Skagit CountyCourt of Appeals of Washington · 2001

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