Administrative – Real Property – Railroad Right-of-Way – Conversion – Indemnity – Sovereign ImmunityMaryland Transit Administration v. Surface Transportation Board The 4th Circuit upholds a federal agency’s interpretation of its regulation under the National Trails System Act to require a state agency that wants to sponsor conversion of a railroad right-of-way to a public trail to indemnify the railroad against “any potential liability”; the regulation does not require a state agency to waive its sovereign immunity, and the agency’s petition for review is denied.
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Published: November 28, 2012
Time posted: 1:42 pm