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Seems to me this article is highly misleading, though I don't have the knowledge to alter it. Preseault lost in the US Supreme Court, as noted. They wanted to stop the trail from being established and used. On this point they lost rather spectacularly, as it is now one of the most popular rail trails in the US. (I rode it recently.) It appears that the case discussed here was simply about compensation, which the SCOTUS had noted was available in rejecting the claim that the use of the easement for a recreational trail was unconstitutional. Federal law preempted Vermont law to allow the trail use.
