Ernest Ybanez v. United States

Liablity ruling in favor of rails-to-trails landowners

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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.

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Reference Info:Decision | Federal, Federal Circuit, Claims Court | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Nancie G. Marzulla, Marzulla Law, LLC | Attorney Advertising

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