Samuel C. Johnson 1988 Trust v. Bayfield County
649 F.3d 799
7th Cir.2011Background
- Bayfield County seeks to establish a right to build a snowmobile trail on plaintiffs’ lands via a federal right-of-way reversion theory.
- Railroad-era checkerboard land grants in Wisconsin allocated odd-numbered sections to states for railroads and retained even-numbered sections for sale and potential rights-of-way.
- Plaintiffs’ lots are in sections 21 (odd) and 32 (even); railroad rights of way crossed these lands historically, with easements rather than fee ownership.
- County relies on prior federal statutes (1852, 1864, 1875, 1922) to assert a federal reversionary interest in the right of way upon abandonment or cessation of use.
- Abandonment of the railroad line occurred in 1980; tracks were removed and quitclaims issued, but county did not timely invoke any reversion rights under section 912 within a one-year window.
- The district court granted summary judgment for plaintiffs; on remand the Seventh Circuit reversed and remanded, ultimately reversing the County’s predominance and directing judgment for the plaintiffs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether federal question jurisdiction exists | Johnson asserts federal-law basis via Grable-type jurisdiction. | Bayfield contends no federal issue is necessary or substantial. | Yes, jurisdiction exists under Grable framework. |
| Whether any federal right-of-way was ever created for the North Wisconsin line | Mauler case supports implied reversion; plaintiffs may own the land free of federal rights. | County argues the 1852 Act and subsequent grants created rights of way. | No valid federal right-of-way was created that would descend to the County. |
| Effect of Section 912 abandonment on title | Abandonment and Federal-control mechanisms did not vest rights to Bayfield County. | County relies on Section 912 to vest rights in the land traversed. | County cannot obtain the right of way by Section 912; must purchase or condemn. |
Key Cases Cited
- Hopkins v. Walker, 244 U.S. 486 (U.S. 1917) (foundation for federal-question analysis in land grants)
- Grable & Sons Metal Products, Inc. v. Darue Engineering & Mfg., 545 U.S. 308 (U.S. 2005) (grants jurisdiction where state claim necessarily raises a federal issue)
- Mauler v. Bayfield County, 309 F.3d 997 (7th Cir. 2002) (distinguishes Townsend and discusses implied rights in 19th-century grants)
- Hash v. United States, 403 F.3d 1308 (Fed. Cir. 2005) (rejects implied federal reversionary right under 1875 Act)
- Beres v. United States, 64 Fed.Cl. 403 (Fed. Ct. Cl. 2005) (supports limits on federal reversionary claims in similar contexts)
- Mauler v. Bayfield County, 204 F.Supp.2d 1168 (W.D. Wis. 2001) (earlier district ruling before 7th Cir. Mauler analysis referenced)