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PRESEAULT v. ICC

No. 88-1076.

494 U.S. 1 (1990)

PRESEAULT ET UX. v. INTERSTATE COMMERCE COMMISSION ET AL.

Supreme Court of United States.

Decided February 21, 1990

Attorney(s) appearing for the Case

Michael M. Berger argued the cause for petitioners. With him on the briefs were Clarke A. Gravel, Richard E. Davis, and T. Christopher Greene.

Brian J. Martin argued the cause for the federal respondents. With him on the brief were Acting Solicitor General Bryson, Acting Assistant Attorney General Carr, Deputy Solicitor General Wallace, Anne S. Almy, James E. Brookshire, Robert S. Burk, and Ellen D. Hanson, John K. Dunleavy, Assistant Attorney General, argued the cause for respondents State of Vermont et al. With him on the brief were Jeffrey L. Amestoy, Attorney General, and John T. Leddy.*

JUSTICE BRENNAN delivered the opinion of the Court.

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...

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