Memmer v. United States

Rails-to-Trails; Fifth Amendment Taking; Conveying Easements Under Indiana Law; Recreational Trails Beyond the Scope of Railroad Purposes Easements; No Trail Use Agreement Executed; Expiration of NITU; Failure to Consummate Abandonment; Offer of Financial Assistance

OPINION AND ORDER

SWEENEY, Judge

In this Rails-to-Trails case, plaintiffs own real property adjacent to railroad rights-of-way in southwestern Indiana. They contend that the United States violated the Just Compensation Clause of the Fifth Amendment to the United States Constitution by authorizing the conversion of the railroad…