No. 19-1107
Clinton L. Sides, et ux. v. Central Kansas Conservancy, Inc.
Response Waived
Tags: adverse-easement adverse-possession federal-law national-trail-system-act prescriptive-easement property-reactivation property-rights rail-banking railroad-right-of-way servient-estate trail-use-easement
Latest Conference:
2020-05-01
Question Presented (from Petition)
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 (AI Summary)
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?
Docket Entries
2020-05-04
Petition DENIED.
2020-04-15
DISTRIBUTED for Conference of 5/1/2020.
2020-03-24
Waiver of right of respondent Central Kansas Conservancy, Inc. to respond filed.
2020-03-06
Petition for a writ of certiorari filed. (Response due April 9, 2020)
Attorneys
Central Kansas Conservancy, Inc.
Casey R. Law — Wise & Reber, L.C., Respondent
Michael T. Mills — Respondent
Clinton Sides, et al.
Patrick B. Hughes — Adams Jones Law Firm, P.A., Petitioner