Legal Opinion

Town of Grantwood Village v. United States

United States Court of Federal Claims

Decided March 6, 2003No. 98-176LPublishedCited by 10 opinions

1Opinion of the Court

OPINION ON ATTORNEY FEES

BRUGGINK, Judge.

This is an action claiming an uncompensated taking of land. Specifically, plaintiff, the Town of Grantwood Village, claims that rail-banking, preserving an otherwise abandoned railroad easement for future possible use, while permitting interim recreational use, constitutes a taking. This railbanking was imposed on plaintiff by the National Trails System Act, as amended, 16 U.S.C. § 1241 (Supp. II 1996). Liability on the part of defendant was determined in this and two other consolidated cases in Glosemeyer v. United States, 45 Fed.Cl. 771 (2000). On…

2Cases cited13 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Blum v. StensonSupreme Court of the United States · 1984
  3. Preseault V. United StatesUnited States Court of Federal Claims · 2002
  4. Andrew H. Yancey and Elizabeth H. Yancey, Plaintiffs/cross-Appellants v. United StatesCourt of Appeals for the Federal Circuit · 1991
  5. Glosemeyer v. United StatesUnited States Court of Federal Claims · 2000

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3Cited by10 opinions

  1. Guerrero v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2015
  2. Martinez v. United StatesUnited States Court of Federal Claims · 2010
  3. Avera v. Secretary of Health & Human ServicesUnited States Court of Federal Claims · 2007
  4. Swisher v. United StatesDistrict Court, D. Kansas · 2003
  5. Bradley v. United StatesUnited States Court of Federal Claims · 2023

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