In constructing the railroads in the United States, thousands of landowners granted the federal government easements for the placement of railroad tracks. As rail travel declined, many of the routes were no longer used. Many of the railroad tracks were dismantled formally by cities and towns and many were dismantled informally by those seeking to utilize the iron from the tracks and the wooden ties. In some cases, the tracks were turned into bicycle paths that have served recreational and commuter needs.
-What are the rights of the cities and towns that removed the rails and converted the easements to bike paths?
A) If the easements were granted only for rail use, then they have no rights.
B) Since the easements were abandoned, they own the trails and the right of way.
C) If the easements were granted only for rail use, but they have compensated the landowners, then they own the trails and the right of way.
D) They have a license within an easement.
Correct Answer:
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