United States Federal Circuit

In consolidated cases brought by landowners alleged that the government had taken their land without just compensation in violation of the Fifth Amendment after the conversion of a rail corridor to a trail under the National Trail Systems Act, 16 U.S.C. section 1247(d), the Court of Federal Claims order awarding plaintiffs attorney fees under the fee shifting provisions of the Uniform Relocation Assistance and Real Property Act of 1970, 42 U.S.C. section 4654(c), is affirmed where: 1) the court did not err when it applied historical rates under the no-interest rule; and 2) the court did not abuse its discretion by applying the rates based on four district court cases from the Eastern District of Missouri in the absence of contradictory evidence.

Appellate Information

• Published 2016/03/22

Judges

• PROST

Court

• United States Federal Circuit

Counsel