United States Federal Circuit

In an action alleging that the conversion of a rail corridor to a recreational trail pursuant to the National Trail Systems Act constituted a taking of plaintiffs' several property interests in the land underlying the corridor, judgment in favor of the government is: 1) affirmed in part, where the underlying land claimed by plaintiff Chalfant was conveyed to the railroad's predecessor in fee simple, so Chalfant has no compensable property interest in the land; 2) reversed in part and remanded, where the underlying land claimed by plaintiff Biery was not conveyed to the railroad's predecessor in fee simple, so plaintiff Biery retains fee-simple title to the land, a compensable property interest; and 3) reversed in part and remanded, where it is not clear on the present record whether the underlying land claimed by plaintiffs American Packaging and Collins Industries was held by the railroad's predecessor in fee simple or was an easement over the land.

Appellate Information

• Decided 06/04/2014
• Published 06/04/2014

Judges

• SCHALL

Court

• United States Federal Circuit

Counsel