Marvin M. Brandt Revocable Trust v. United States

Under the Railroad Right-of-Way Act of 1875, the federal government granted a railroad a right-of-way across land it later granted to the Brandt family (defendants) in 1976, expressly subject to that right-of-way but silent on what would happen if the railroad ever abandoned it. In 2004, the railroad's successor abandoned the right-of-way, and the government sued the Brandts for a declaration that it owned a reversionary interest in the abandoned strip. The district court and the Tenth Circuit agreed with the government, and the Supreme Court granted certiorari.