Illinois Appellate Court
Civil Court
Easements
Landowner sued rail carrier, contending that rail carrier's easement terminated due to nonuse, to enforce its reversionary interest int he property. While case was pending, rail carrier received permission from federal agency that oversees rail transportation (Surface Transportation Board) to transfer its right-of-way to City for use as a recreational trail. City then intervened, court court property dismissed suit as preempted under federal law. Rail carrier's claims are preempted as applied, due to the effect that the claimed remedies would have on rail transportation, and they are preempted by the Trails Act. (GORDON and REYES, concurring.)