United States Federal Circuit

In a consolidated appeal arising from claims by abutting landowners that the United States effected a taking of their property without just compensation when it converted a former railroad corridor into a recreational trail pursuant to the National Trails System Act Amendments of 1983 (Trails Act), the Court of Federal Claims grant of the government's motion for partial summary judgment in both cases is affirmed where: 1) appellants lacked a property right or interest in the land-at-issue because the railroad company had obtained fee simple title to the land from appellants' predecessors-in-title; and 2) the Florida Supreme Court's answer to the certified question is determinative of the remaining issue.

Appellate Information

• Published 2015/12/28

Judges

• O'MALLEY

Court

• United States Federal Circuit

Counsel