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TREVARTON v. SOUTH DAKOTA

No. 15-1766.

817 F.3d 1081 (2016)

Dorothy Ellen TREVARTON, et al., Plaintiffs-Appellants, v. State of SOUTH DAKOTA; South Dakota Game, Fish, and Parks, Defendants-Appellees, Rails to Trails Conservancy, Amicus on Behalf of Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: March 25, 2016.

Attorney(s) appearing for the Case

Brandon Lee Jensen , argued, Cheyenne, WY, for Plaintiffs-Appellants.

Steven R. Blair , argued, and Richard Marshall Williams , on the brief, Pierre, SD, for Defendants-Appellees.

Andrea Carol Ferster , Kevin M. Sheys , Mari R. Lane , Justin J. Marks , Washington, DC, Christopher Vieira , San Francisco, CA, on the brief, for Amicus on Behalf of Appellees.

Before LOKEN, MURPHY, and COLLOTON, Circuit Judges.

Plaintiffs are ranchers in Fall River County, South Dakota, who own properties underlying and surrounding a railway right-of-way easement granted by the United States to Grand Island and Wyoming Central Railroad Company in 1897. Burlington Northern Railroad Company ("BN") subsequently acquired the easement but ceased railroad...

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