Discussions about Brandt v. US and Easements

Awhile back, I posted a discussion about Brandt v. US. Those of you interested in the topic will be interested  to hear that today in Jurist, Brian T. Hodges of the Pacific Legal Foundation posted his analysis of the case and where he hopes the Court will go. His bottom line is in his last paragraph:

“The nation would reap a bitter harvest from Tenth Circuit’s rule. Instead of being safe and assured, any property purchased from the United States would be subject to the fluctuating policies of the government. Any short-term fiscal benefits that judicial recognition of an ‘implied reversionary interest’ would provide to the federal government would not be worth the long-term consequences. And, for that reason alone, the US Supreme Court should resolve Brandt in accordance with the common law rules and definitions of property.”

Full citation to the article: Brian T. Hodges, Brandt v. United States: Should the Common Law of Property be Scrapped?, JURIST – Hotline, Nov. 1, 2013, http://jurist.org/hotline/2013/11/brian-hodges-rail-to-trail.php.