ELR Citation: ELR 21224
No(s). 92-6201 (2d Cir. Jun 14, 1994)

The court reverses a district court decision upholding condemnation of only 6.7 of 16.03 acres of land that the Secretary of the Interior decided to condemn for the Appalachian National Scenic Trail, and remands the case to the district court for a determination of just compensation. The court first holds that although the National Trails System Act (Trails Act) commits condemnation decisions to the Secretary's discretion, the court has the authority to review condemnation decisions. The court next holds that the proper standard of review is the "ultra vires" standard, applied to determine whether the Secretary acted in conformity with Congress' grant of condemnation authority. Only after determining that a condemnation was within the Secretary's authority may the court review the decision for arbitrariness, capriciousness, and bad faith. The court holds that Congress, through the Trails Act, limited the Secretary's discretion to condemn only by requiring that the Secretary: (1) enter into negotiations to purchase the land in question before bringing a condemnation action; (2) make a reasoned determination as to the amount of title that is necessary to provide passage; and (3) condemn no more than 125 acres per mile. The court next holds that the district court abused its discretion by deciding that condemnation of only 6.7 acres was reasonably necessary. The district court's holding that the Secretary may take only the "minimal interest" in land that will protect the trail and provide passage imposes limitations on the Secretary's authority that have no basis in statutory or case law. The three limitations enumerated in the Trails Act are the only limitations on the Secretary's discretion to condemn. Likewise, the district court erred in holding that the Secretary must consider the taking's impact on the landowner. The court next holds that the landowner's testimony that seven acres of land was reasonably necessary was irrelevant, and that the district court erred in relying on this testimony. Further, the district court improperly used the testimony of the government's realty officer in charge of land acquisitions for the Appalachian Trail as a barometer of what the Secretary believes is reasonably necessary.

Counsel for Plaintiff
Jacques B. Gelin, Robert L. Klarquist
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

Counsel for Defendants
Peter W. Hall, Shannon A. Bertrand
Abell, Kenlan, Schwiebert & Hall
71 Allen St., P.O. Box 578, Rutland VT 05702
(802) 773-3300

Before Walker and Jacobs, JJ.