United States Federal Circuit

Dismissal of plaintiff-landowners' takings claims arising out of the conversion of a railway right of way to a trail, is: 1) reversed and remanded in part, because the claims are not time-barred where the claim accrual suspension rule applies since there is no reason why plaintiffs should have known about the 1998 Notice of Interim Trail Use (NITU), and the 1997 exemption notice did not put the plaintiffs on notice that a NITU affecting their property would issue; but 2) affirmed in part, where plaintiff-Lindsey family lacked a compensable property interest.

Appellate Information

• Decided 04/09/2013
• Published 04/09/2013

Judges

• MOORE

Court

• United States Federal Circuit

Counsel