The Dana R. Hodges Trust v. United States

Rails-to-Trails; Crossing Rights; National Trails System Act; Trail Use Agreements; Whether State Law Property Rights Pre-empted

OPINION

DAMICH, Judge:

The parties have filed opposing motions for summary judgment in this “rails-to-trails” case on the question whether certain plaintiffs retain or otherwise possess rights to cross the recreational trail corridor that bisects their properties. What had been a right-of-way for railroad purposes was converted by operation of the National Trails System Act, 16 U.S.C. § 1241 et seq. (2006) (“the Trails Act”) to a recreational trail (and reserved via…