Legal Opinion

Illig v. United States

United States Court of Federal Claims

Decided July 12, 2004No. 98-934LPublished

1Opinion of the Court

ORDER

BRUGGINK, Judge.

This is a class action brought by landowners pursuant to the Takings Clause of the Fifth Amendment. Plaintiffs claim that the National Trails System Act, as amended, 16 U.S.C. § 1241 (Supp. II 1996) (“Trails Act”), lead to an uncompensated taking of an easement over their lands. We permitted the action to proceed as an opt-in class action under RCFC 23. We earlier found in favor of plaintiffs on liability. See Order of March 2, 2001. Pending is plaintiffs’ “Motion for Amendment of the Entry of Appearance for Claimant Molly Bramoweth (Claim 14).” The parties disagree about…

2Cases cited2 opinions

  1. Creppel v. United StatesUnited States Court of Federal Claims · 1995
  2. Moore v. United StatesUnited States Court of Federal Claims · 1998

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