Hubbert v. United States

OPINION

BRUGGINK, Judge.

This class action involves a suit by 30 persons seeking compensation for the imposition of an easement for recreational trail use on their land. In a related case, we ruled that the government’s enactment of the Rails-to-Trails Act1 (“Trails Act”) constituted a compensable taking. Glosemeyer v. United States, 45 Fed.Cl. 771 (2000). Pending is defendant’s motion for partial summary judgment as to 7 of the 30 claims making up this action,2 as well as plaintiffs’ cross-motion for partial summary judgment as to 3 claims.3 Oral argument was held on October 9, 2003.

BACKGROUND

P…