Toscano v. United States

OPINION

BRUGGINK, Judge.

This is a class action brought by Utah landowners who assert that the imposition of a recreational trail on their land constitutes an uncompensated taking under the Fifth Amendment of the United States Constitution. Plaintiffs contend that, but for the Surface Transportation Board’s (“STB”) issuance of a Notice of Interim Trail Use pursuant to section 8(d) of the National Trails System Act, 16 U.S.C. § 1247(d) (2006) (the “Trails Act”), they would have had full use of the surface of their property, because the easements supporting the railroad line would have been…