Legal Opinion

Behrens v. United States

United States Court of Federal Claims

Decided June 23, 2017No. 15-421LPublishedCited by 1 opinion

1Opinion of the Court

Motion for Summary Judgment; RCFC 56; Rails-to-Trails; Trails Act; Fifth Amendment Takings; Railbanking

OPINION AND ORDER

PATRICIA CAMPBELL-SMITH, Judge

Plaintiffs áre landowners along a 144.3-mile rail corridor owned by the Missouri Central Railroad Company (MCRR). See ECF No. 24 at 4 (fourth amended complaint). The rail corridor stretches through the center of Missouri, from Pettis County to Franklin County. See id. Plaintiffs claim they have suffered a Fifth Amendment taking of their property interests as a result of MCRR’s efforts to discontinue use of the rail corridor, and allow use of the…

2Cases cited25 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. Mingus Constructors, Inc. v. The United StatesCourt of Appeals for the Federal Circuit · 1987
  5. Preseault v. Interstate Commerce CommissionSupreme Court of the United States · 1990

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3Cited by1 opinion

  1. Behrens v. United StatesUnited States Court of Federal Claims · 2021

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