California Supreme Court

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California Supreme Court denies review of case addressing scope of railroad rights-of-way

January 21, 2015

The petition was denied.

U.S. Chamber files amicus letter urging review

January 16, 2015

Joined by the Los Angeles Area Chamber, the U.S. Chamber filed an amicus letter asking the California Supreme Court to review a Court of Appeal decision holding that federal grants of rights-of-way to railroads in the 19th century did not include subsurface rights.

The letter argued that the Supreme Court should grant review because the decision below disrupts the predictable interpretation and enforcement of contracts involving companies that both grant and use subsurface easements stemming from railroad rights-of-way. Moreover, the letter explained that such contracts, frequently arising in the energy and telecommunications sectors, also generate tremendous economic and social benefits which are now threatened by the lower court’s decision.

John A. Taylor, Jr. and Jeremy B. Rosen of Horvitz & Levy LLP served as counsel for the amici.

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