ILNews

Justices rule on railbanking certified question

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Supreme Court has issued an answer to a certified question about how state law plays into a federal railroad right-of-way case that involves property owners who want their land rights back for easements that once belonged to a railroad company.  

In Henry L. Howard, et al. v. United States, No. 94S00-1106-CQ-333, a majority determined that federal laws on railbanking and interim trail use are not land uses within the scope of the easements dictated by Indiana law, and that railbanking with interim trail use does not constitute a permissible shifting public use.

The case arises from a certified question posed by the U.S. Court of Federal Claims in Washington, D.C. Focused on property owners’ rights in Cass and Pulaski counties, this federal case involves 128 plaintiffs who are challenging the U.S. government’s authority to use their land that had once been owned by railroads in the late 1800s and early 1900s. The residents live in counties adjacent to the 21-mile railroad line that hasn’t been active since 2002. The residents argue the land rights of a nearby easement returned to them in 2003, but the federal government disagreed and tried to use a legal maneuver known as railbanking to keep land rights of that easement. The government argues that under Indiana law, the railroad rights-of-way hadn’t been abandoned and there was no unjust taking of land as the property owners contend.

Pulaski County resident Henry Howard filed a class-action lawsuit in September 2009, alleging that the federal government violated the Fifth Amendment provision prohibiting the taking of one’s property for public use without just compensation. The Department of Justice in December 2010 asked the federal judge to certify a question to the Indiana Supreme Court.

In a ruling written by Justice Brent Dickson, the Indiana court held that a public trail is not within the scope of easements acquired for the purpose of operating a line of railways. The original purpose was to transmit goods by train, and Dickson wrote that the easement can’t now be recast for the use of a public recreational trail without exceeding the scope of the easement and infringing on the landowners’ rights.

State precedent from 1968 makes clear that the focus of an easement remains on the purpose at the time of its acquisition, Dickson wrote. Indiana has never recognized the “shifting public use” doctrine and the justices declined to do so here.

Chief Justice Randall Shepard disagreed with his four colleagues, concluding that the contemplated railbanking and interim trail uses do fall within the scope of the easements presented.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

ADVERTISEMENT