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Fifth Amendment › Railroads

Nossaman LLP

What Happens When Railroad Right-of-Way is Abandoned and Turned into a Public Trail System?

Nossaman LLP on

Throughout the United States, old railroad corridors are being abandoned and converted into other uses, such as hiking, biking or other trail purposes. This converted use makes sense, as it is difficult to otherwise compile a...more

ArentFox Schiff

Federal Circuit Reaffirms Application of Categorical-Taking Analysis for Temporary Fifth Amendment Takings Claims in...

ArentFox Schiff on

On May 29, 2020, the Federal Circuit issued its decision in Caquelin v. United States, reaffirming precedent governing the way courts evaluate the taking of private property in Rails-to-Trails litigation—specifically, that a...more

Holland & Knight LLP

Amtrak Performance Rules Won’t be Revived

Holland & Knight LLP on

• The Supreme Court declines to review a lower court ruling that the Surface Transportation Board cannot assume regulatory authority that Congress unconstitutionally delegated to the Federal Railroad Administration and...more

Poyner Spruill LLP

When a Park in the Sky Leads to a Lawsuit - Three Strategies for Success in High-Stakes Litigation

Poyner Spruill LLP on

In 2002, New York City announced its support for preserving the High Line—turning an unused elevated railroad into a thriving park in the heart of Manhattan’s West Side. Fifteen years later, it is one of the City’s top...more

Holland & Knight LLP

Eighth Circuit Strikes Down STB Rules Defining "On-Time" Passenger Performance

Holland & Knight LLP on

In Union Pacific Railroad Company v. Surface Transportation Board, No. 16-3307, the U.S. Court of Appeals for the Eighth Circuit has held that the Surface Transportation Board (STB) exceeded its authority when it promulgated...more

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