United States v. Gettysburg Electric Railway Co.

United States v. Gettysburg Electric Ry. Co.
Argued January 8–9, 1896
Decided January 24, 1896
Full case nameUnited States v. Gettysburg Electric Railway Company
Citations160 U.S. 668 (more)
16 S. Ct. 427; 40 L. Ed. 576
Holding
Eminent domain for historic preservation "seems" to be "a public use".
Court membership
Chief Justice
Melville Fuller
Associate Justices
Stephen J. Field · John M. Harlan
Horace Gray · David J. Brewer
Henry B. Brown · George Shiras Jr.
Edward D. White · Rufus W. Peckham
Case opinion
MajorityPeckham, joined by unanimous
Laws applied
Appropriation Acts of 1893 (March 3) & 1894 (August 18), 1895 "Sickles Gettysburg Park Bill" (28 Stat. 651)

United States v. Gettysburg Electric Ry. Co., 160 U.S. 668 (1896), was a case to prevent trolley operations on the Gettysburg Battlefield. The dispute began in August 1891 when the Gettysburg Battlefield Memorial Association's board approved attorney Samuel Swope's motion to deny trolley right-of-way along GBMA roads. Despite the 1896 US Supreme Court ruling that the railway could be seized for historic preservation, as well as earlier legislative efforts to appropriate federal acquisition funds, create a War Department commission, and form the Gettysburg National Military Park; the trolley continued operations until obsolete in 1916.