Legal Opinion

Beres v. States

United States Court of Federal Claims

Decided March 16, 2005No. 03-785LPublishedCited by 15 opinions

1Opinion of the Court

OPINION

HORN, Judge.

The plaintiffs in this case allege that the United States has taken their property by claiming a reversionary interest in a railroad right-of-way that traverses over their property and denying plaintiffs the use of their property. Specifically, in their complaint, the plaintiffs allege that by issuing a Notice of Interim Trail Use (NITU), and converting the railroad right-of-way to a trail, the United States imposed an additional burden on their property, denying them their property interest in the right-of-way, resulting in a taking of their property. Therefore, plaintiffs…

2Cases cited128 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
  3. Williams v. TaylorSupreme Court of the United States · 2000
  4. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  5. Robinson v. Shell Oil Co.Supreme Court of the United States · 1997

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3Cited by15 opinions

  1. Brandt v. United StatesCourt of Appeals for the Federal Circuit · 2013
  2. Union Pacific Railroad v. Santa Fe Pacific Pipelines, Inc.California Court of Appeal · 2014
  3. Beres v. United StatesUnited States Court of Federal Claims · 2012
  4. Samuel C. Johnson 1988 Trust v. Bayfield CountyCourt of Appeals for the Seventh Circuit · 2011
  5. Beres v. United StatesUnited States Court of Federal Claims · 2011

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