ELR Citation: ELR 20454
No(s). 88-1076 (U.S. Feb 21, 1990)

The Court holds that landowners' Fifth Amendment taking challenge to the National Trials System Act, the "rails-to-trails" statute, is premature and that the statute is a valid exercise of congressional power under the Commerce Clause. Claims for rail-to-trail conversions giving rise to just compensation claims are authorized under the Tucker Act. Because landowners failed to make use of the Tucker Act remedy, the Court held their taking challenge to be premature. The rails-to-trails statute is a valid exercise of Congress' power under the Commerce Clause because it is reasonably adapted to the goals of encouraging the development of additional recreational trails and preserving rail corridors. Three concurring Justices emphasize that state law determines what property interest petitioners possess and that traditional takings doctrine will determine whether the government must compensate petitioners.

Counsel for Petitioners
Michael M. Berger
Fadem, Berger & Norton
12424 Wilshire Blvd., Ste. 900, P.O. Box 250050, Los Angeles CA 90025
(213) 207-2727

Counsel for Respondent
Brian J. Martin, Ass't to Solicitor General; Anne S. Almy, James E. Brookshire, Louise F. Milkman
Land and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 633-4279