Capreal Inc. v. United States

Rails-to-trails liability decision


Trial judge in Fifth Amendment takings case held that the federal Government has taken Massachusetts and Connecticut homeowners' reversionary interests in an easement originally granted to railroad company. The court held that the federal Government, through passage of the National Trails Systeme Act Amendments of 1983 took the landowners'remainder property interests in the rights-of-way. The court rejected the Government's argument that it was a third party actually occupied the easement and thus was responsible for the taking, stating "[i]f there is a taking, the U.S.Government is responsible even if another public entity actually establishes the recreational trail, because the entity acquiring the trail is acting pursuant to U.S. Government authority."

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

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