Amaliksen v. United States

OPINION AS AMENDED*

BRUGGINK, Judge.

This is an action alleging a Fifth Amendment, uncompensated taking of land previously burdened by an abandoned railroad easement. Pending are cross motions for summary judgment with respect to the claims of some of the plaintiffs. The single issue is whether the selected plaintiffs (Claimants 1 through 6) are owners of the fee interest. Oral argument was held on July 17 and July 26, 2002. For the reasons set out below, we find that plaintiffs do not own land underlying any portion of the easement and thus cannot maintain takings claims.

BACKGROUND

The lands at…