United States Federal Circuit

In a takings case concerning property converted into a public recreational trail under the Rails-to-Trails Act, summary judgment on plaintiffs liability claim is affirmed and plaintiff is entitled to just compensation.

Appellate Information

• Decided 07/21/2004
• Published 07/21/2004

Judges

• PLAGER, Senior Circuit Judge., Before BRYSON, Circuit Judge, PLAGER, Senior Circuit Judge, and LINN, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Kevin M. Sheys, Kirkpatrick & Lockhart LLP, of Washington, DC, for amicus curiae Rails-to-Trails Conservancy.   Of counsel on the brief was Janie C.I. Sheng.


• For Appellees:
  
• Robert J. Rosati, of Fresno, CA, argued for plaintiffs-appellees., John L. Smeltzer, Attorney, Environment & Natural Resources Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant.   With him on the brief were Thomas A. Sansonetti, Assistant Attorney General, William J. Shapiro and Katherine J. Barton, Attorneys.   Of counsel on the brief was Evelyn Kitay, Office of the General Counsel, Surface Transportation Board, of Washington, DC. of counsel was Kelly A. Johnson, Deputy Assistant Attorney General.