ELR Citation: ELR 20391
No(s). 90-4043L (Cl. Ct. Nov 10, 1992)

The court holds that the National Trails System Act, which authorizes the Interstate Commerce Commission (ICC) to convert abandoned railroad rights-of-way to recreation and conservational uses, does not work a compensable taking of the plaintiff landowners' reversionary interest in abandoned railroad property. The U.S. Supreme Court previously declined to evaluate the merits of the plaintiffs' takings claim, because they had not availed themselves of the remedy supplied by the Tucker Act. On a renewed motion, the Claims Court relies on the U.S. Supreme Court's ruling in Lucas v. South Carolina Coastal Council, 22 ELR 21104, to fix the date on which the plaintiffs acquired a compensable property interest. The Claims Court concludes that Lucas did not advocate examining the property owner's title and bundle of rights from the time when the land was first conveyed by the owner's predecessors in interest. The court thus holds that limitations on ownership interests begin on the date the property was acquired. The plaintiffs' predecessors in interest were forced, through eminent domain proceedings, to convey easements for a right-of-way to the railroad, and the plaintiffs acquired heavily burdened property interests in land subject to use by scheduled trains. The court holds that the plaintiffs had no reasonable expectation that their property interests would not be subject to a continuing railroad easement for use as a trial.

[The U.S. Supreme Court's decision is published at 20 ELR 20454.]

Counsel for Plaintiffs
Richard A. Epstein, Professor
University of Chicago School of Law
111 E. 60th St., Chicago IL 60637
(312) 702-9494

Counsel for Defendants
Susan V. Cook, James E. Brookshire
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

John K. Dunleavy, Ass't Attorney General
Attorney General's Office
Vermont Agency of Transportation
133 State St., Montpelier VT 05633
(802) 828-3171

Robert S. Burk, Henri F. Rush, Ellen D. Hanson
Interstate Commerce Commission
Office of the General Counsel
Constitution Ave. & 12th St. NW, Washington DC 20423
(202) 927-5827