Howard v. United States
Howard v. United States
Opinion of the Court
The United States Court of Federal Claims has certified for our resolution the following question:
Under Indiana law, are railbanking and interim trail use pursuant to 16 U.S.C. § 1247(d) uses that are within the scope of the easements acquired by the railroad companies either by prescription, condemnation, or the deed at issue; and if either is not within the scope of the easements originally acquired, is rail-banking with interim tr[ai]l use a shifting public use?
Pursuant to Indiana Appellate Rule 64, we accepted the question and now answer both parts in the negative. Under Indiana law, railbanking and interim trail use pursuant to 16 U.S.C. § 1247(d) are not uses within the scope of the easements, and railbanking with interim trail use does not constitute a permissible shifting public use.
The underlying suit is what is commonly referred to as a “Rails to Trails” case. See Consol. Rail Corp., Inc. v. Lewellen, 682 N.E.2d 779 (Ind. 1997) (holding that railroad easements had been abandoned and thus could not be transferred to railroad corridor trails group). The question arises from a federal lawsuit brought by 128 Indiana landowners whose lands are burdened by railroad easements. Together these easements compose a railroad corridor approximately twenty-one miles in length. Because the rail lines are no longer in use, the railroad, pursuant to federal law, 49 U.S.C. § 10903, sought authorization from the Surface Transportation Board (“STB”) to abandon the easements. The STB authorized the railroad to negotiate transfer of the railroad corridor to the Indiana Trails Fund for use as a public trail (“interim trail use”) in accordance with the National Trails System Act (“Trails Act”), 16 U.S.C. § 1247. The Trails Act authorizes the STB to facilitate such transactions in order to “preserve established railroad rights-of-way for future reactivation,” Id. § 1247(d), a process frequently called “railbanking.”
The Court of Federal Claims certified this question to us in accordance with Pre-seault v. I.C.C., which upheld the constitutionality of the Trails Act but noted that “[sjtate law generally governs the disposition of reversionary interests” and that, “[b]y deeming interim trail use to be like discontinuance rather than abandonment, Congress prevented property interests from reverting under state law.” 494 U.S. 1, 8, 110 S.Ct. 914, 920, 108 L.Ed.2d 1, 11 (1990) (citation omitted). In her concurrence, Justice O’Connor stated, “Determining what interest petitioners would have enjoyed under [state] law, in the absence of the [Interstate Commerce Com-missionjs recent actions, will establish whether petitioners possess the predicate property interest that must underlie any takings claim.”
To determine whether railbanking and interim trail use pursuant to the Trails Act are permitted uses within the scope of the easements under Indiana law, we first consider Indiana law regarding the abandonment and the preservation of railroad rights-of-way. The General Assembly has specifically delineated when and how a railroad easement may be deemed abandoned. See Ind.Code §§ 32-23-11-6 to -8; Lewellen, 682 N.E.2d at 783 (“[T]he common law on whether abandonment [of railroad easements] has occurred was superseded by the General Assembly.”). One means of preserving the railroad easements is by converting it to a recreational trail under the Trails Act. Ind.Code § 32-23-11-7 (“A right-of-way is not considered abandoned if the [ICC] or [STB] imposes on the right-of-way a trail use condition under 16 U.S.C. § 1247(d).”). Accordingly, such rights-of-way may be “railbanked” indefinitely because such action does not abandon the easement but rather preserves it. This informs, but does not settle the first part of the certified question, which asks whether, under Indiana law, such Trails Act uses are within the scope of the easements acquired. This question — regarding the use of the railroad rights-of-way as public recreational trails — is governed by the Indiana common law on easements.
Indiana law with respect to the scope of easements
Usually, easements arise to fill some need or serve some purpose. That purpose, whether expressed in the grant, implied, or acquired through prescription, is the focal point in the relationship which exists between the titleholders of the dominant and servient estates. The servient estate is burdened to the extent necessary to accomplish the end for which the dominant estate was created. The titleholder of the dominant estate cannot subject the servient estate to extra burdens any more than the holder of the servient estate can materially impair or unreasonably interfere with the use of the easement.
The fact that the majority of the easements at issue in this case were created by prescription or condemnation and not granted by deed
Applying the law to this case, we hold that a public trail is not within the scope of easements acquired for the pur
The Government contends that Indiana applies a form of “shifting public use” doctrine and that this case calls for its application. Def.’s Br. at 23-25. Specifically, the Government asserts that our line of cases holding that the installation of utility or gas lines along railroad and highway easements generally does not constitute an additional burden should also permit the use of those easements as public recreational trails. See, e.g., Fox v. Ohio Valley Gas Corp., 250 Ind. 111, 235 N.E.2d 168 (1968) (holding that the laying of a gas pipeline on a public highway easement did not impose an additional burden on the abutting landowners). In fact, the Government contends that our precedent “allow[s] a wide diversity of activities along the [railroad] corridor,” Def.’s Br. at 20, and that “a new use that is compatible with the original use ... does not fall outside the scope of the easement.” Id. at 23. We disagree.
As Fox makes clear, the focus remains on the purpose of the easement at the time of its acquisition. 250 Ind. at 117-18, 235 N.E.2d at 172 (citing with approval Yarian, 219 Ind. at 485, 39 N.E.2d at 607). Indiana has never recognized the “shifting public use” doctrine,
The Government also asserts that if “ra-ilbanking and interim trail use fall outside the scope of railroad easements, [this Court] should then consider what the consequences of that finding would be under Indiana law.” Def.’s Br. at 27. This question is not among the questions certified by the Court of Federal Claims.
Conclusion
We hold that, under Indiana law, rail-banking and interim trail use pursuant to the federal Trails Act are not within the scope of railroad easements and that rail-banking and interim trail use do not constitute a permissible shifting public use.
. The Interstate Commerce Commission ("ICC”) was the predecessor to the STB. The
. An easement is:
An interest in land owned by another person, consisting in the right to use or control the land, or an area above or below it, for a specific limited purpose (such as to cross it for access to a public road). The land benefitting from an easement is called the dominant estate; the land burdened by an easement is called the servient estate.
Black’s Law Dictionary 585-86 (9th ed. 2009). The "scope” of an easement refers to the extent or boundaries of that "specific limited purpose” which benefits the dominant estate and burdens the servient estate.
. Only one of the easements at issue in this case was granted by deed ("the Hathaway deed”), the remaining 127 were acquired through prescription or condemnation. The Hathaway deed granted the easement "for the purpose of maintaining a line of rail way.” Addendum to Pl.'s Br. at 4-6. As our analysis reveals, the scope of the easement granted by the Hathaway deed is effectively the same as those acquired through prescription and condemnation.
. In fact, the phrase "shifting public use(s)” appears only a single time in Indiana case law. Lewellen, 682 N.E.2d at 783 n. 6 (de-dining to address the viability of the doctrine in Indiana).
Dissenting Opinion
dissents, concluding that the contemplated railbanking and interim trail uses do fall within the scope of the easements presented.
Reference
- Full Case Name
- Henry L. HOWARD, Et Al., Plaintiffs, v. UNITED STATES, Defendant
- Cited By
- 28 cases
- Status
- Published