Legal Opinion

Beres v. United States

United States Court of Federal Claims

Decided April 7, 2011No. Nos. 03-785L, 04-1456L, 04-1457L, 04-1458L, 04-1459L, 04-1463L, 04-1465L, 04-1466L, 04-1467L, 04-1468L, 04-1469L, 04-1471L, 04-1472L, 04-1473L, 04-1474LPublishedCited by 8 opinions

1Opinion of the Court

OPINION

HORN, Judge.

At issue are rights of way along the eastern shore of Lake Sammamish in King County, Washington. The plaintiffs in these consolidated lawsuits allege that when the United States Department of Transportation, Surface Transportation Board (STB) issued a Notice of Interim Trail Use (NITU), the federal government denied plaintiffs a rever-sionary interest in the right of way located on their properties, formerly occupied by a railroad, which constituted a taking under the Fifth Amendment to the United States Constitution. Previously, this court issued an opinion in the…

2Cases cited68 opinions

  1. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  2. Ruckelshaus v. Monsanto Co.Supreme Court of the United States · 1984
  3. Preseault v. Interstate Commerce CommissionSupreme Court of the United States · 1990
  4. Webb's Fabulous Pharmacies, Inc. v. BeckwithSupreme Court of the United States · 1980
  5. Sunnyside Valley Irrigation District v. DickieWashington Supreme Court · 2003

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3Cited by8 opinions

  1. Hornish Trust v. King CountyCourt of Appeals for the Ninth Circuit · 2018
  2. Haggart v. United StatesUnited States Court of Federal Claims · 2012
  3. Beres v. United StatesUnited States Court of Federal Claims · 2012
  4. 1100 W. Ewing Assoc, LLC v. United StatesUnited States Court of Federal Claims · 2018
  5. BAILEY FARM, LLC v. United StatesUnited States Court of Federal Claims · 2026

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