The Court of Federal Claims has issued another ruling in favor of rails-to-trails reversionary interest landowners. The takings issue in the rails-to-trails context arise when the federal Surface Transportation Board issues a Notice of Interim Trail Use to block abandonment of a right-of-way issued for railroad use by a private land owner. The Interim Trail use transform rail use to recreational use, without the underlying landowner's permission. In this case, the trial judge looked to Texas law for determining the nature of the underlying easement rights because the land in dispute was located in Texas.
Firefox recommends the PDF Plugin for Mac OS X for viewing PDF documents in your browser.
We can also show you Legal Updates using the Google Viewer; however, you will need to be logged into Google Docs to view them.
Please choose one of the above to proceed!
LOADING PDF: If there are any problems, click here to download the file.