Dave

Dave v. Rails-To-Trails Conservancy

Good Law
79 F.3d 940·96 Daily Journal DAR 3464·1996 WL 135231·1996 U.S. App. LEXIS 5631·96 Cal. Daily Op. Serv. 2038
United States Court of Appeals for the Ninth CircuitMarch 27, 1996No. 94-36071California1,121 words

Opinion

Lead Opinion

Noonan, J.

Leonard Dave and other alleged owners of reversionary interests in railroad easements (the Plaintiffs) brought suit against the Rails-To-Trails Conservancy (RTC) and the director and commissioners of the Washington State Parks and Recreation Commission (the Commission) alleging violation of their civil rights under 42 U.S.C. § 1983 and of the National Trails System Act, 16 U.S.C. § 1247 (d). The district court dismissed the action for lack of jurisdiction. We affirm the dismissal.

*941 BACKGROUND

The National Trails System Act was enacted in 1983. The history and purpose of the legislation are amply set out in Preseault v. ICC, 494 U.S. 1, 5-9 , 110 S.Ct. 914, 918-20 , 108 L.Ed.2d 1 (1990). The legislation permitted the Interstate Commerce Commission to authorize the use of easements granted by private property owners to railroads to be converted for use as recreational trails without resulting in an abandonment of the right of way by the railroad — a banking of lines available for rail use coupled with a contemporary use of the land for hiking and other recreation. The conversion for the time being of the property to a use other than rail service created the possibility that…

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