Legal Opinion

Macy Elevator, Inc. v. United States

United States Court of Federal Claims

Decided June 21, 2012No. 09-515LPublishedCited by 10 opinions

1Opinion of the Court

*197OPINION

FIRESTONE, Judge.

In this “Rails-to-Trails” ease, this court previously ruled that the government violated the Fifth Amendment when it “took” an interest in plaintiffs’ property without paying just compensation by authorizing recreational trail use across plaintiffs’ properties under a Notice of Interim Trail Use (“NITU”), issued pursuant to the National Trails System Act Amendments of 1983 (“Trails Act”), 16 U.S.C. § 1247(d) (2006). Macy Elevator v. United States, 97 Fed. Cl. 708, 731-36 (2011). Now pending before the court are the parties’ cross-motions for summary judgment on the…

2Cases cited32 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Preseault v. Interstate Commerce CommissionSupreme Court of the United States · 1990
  3. Caldwell, Iii v. United StatesCourt of Appeals for the Federal Circuit · 2004
  4. United States v. Virginia Electric & Power Co.Supreme Court of the United States · 1961
  5. Preseault v. United StatesCourt of Appeals for the Federal Circuit · 1996

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3Cited by10 opinions

  1. Haggart v. United StatesUnited States Court of Federal Claims · 2012
  2. Jack Ladd and Marie Ladd v. United StatesUnited States Court of Federal Claims · 2013
  3. Geneva Rock Products, Inc. v. United StatesUnited States Court of Federal Claims · 2012
  4. Howard v. United StatesUnited States Court of Federal Claims · 2012
  5. Toscano v. United StatesUnited States Court of Federal Claims · 2012

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