Anna F. Nordhus Family Trust v. United States

OPINION AND ORDER

WHEELER, Judge.

Plaintiffs in this rails-to-trails case are Kansas real property owners who claim to hold a fee simple interest in land subject to a railroad right-of-way. Their Fifth Amendment takings claims have been joined in one action for the resolution of common issues of federal and Kansas law. The ease involves an 8.13-mile corridor of land just north of Marysville, Kansas in Marshall County, near the Nebraska border. Pending before the Court are the parties’ cross-motions for summary judgment on liability. The Court has jurisdiction under the Tucker Act, 28 U.S.C. §…