Clinton L. Sides, et ux. v. Central Kansas Conservancy, Inc.
Arbitration
Does federal law preclude the application of state adverse possession/prescriptive easement doctrines to trail-use easements created under the National Trail System Act, 16 U.S.C. § 1247(d), such that the owner of the servient estate cannot establish a right to use the property pending its reactivation for railroad purposes?
QUESTION PRESENTED This case concerns the extent to which federal law permitting the rail-banking of unused railroad right-of-way so that it is not abandoned restricts the ability of the servient owner to establish a right to use the property pending reactivation for railroad purposes. The question presented is: Does federal law preclude the application of state adverse easement doctrines to trail-use easements created under the National Trail System Act, 16 U.S.C. § 1247(d), such that the owner of the servient estate cannot establish a right to use the property pending its reactivation for railroad purposes?