Legal Opinion

Preseault v. United States

Court of Appeals for the Federal Circuit

Decided November 5, 1996No. Nos. 93-5067, 93-5068PublishedCited by 255 opinions

1Opinion of the Court

PLAGER, Circuit Judge.

In this Takings case, the United States denies liability under the Fifth Amendment of the Constitution1 for actions it took pursuant to the Federal legislation known as the Rails-to-Trails Act.2 The original parties to the case were the property owners, J. Paul and Patricia Preseault,3 plaintiffs, and the United States (the “Government”), defendant. The State of Vermont (the “State”), claiming an interest in the properties involved, intervened and, under the joinder rules of the Court of Federal Claims, entered its appearance as a co-defendant. The Court of Federal…

2Cases cited43 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  3. Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985
  4. Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
  5. Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922

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3Cited by255 opinions

  1. Caldwell, Iii v. United StatesCourt of Appeals for the Federal Circuit · 2004
  2. Lion Raisins, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 2005
  3. Barclay v. United StatesCourt of Appeals for the Federal Circuit · 2006
  4. Del-Rio Drilling Programs Inc. v. United StatesCourt of Appeals for the Federal Circuit · 1998
  5. Ladd v. United StatesCourt of Appeals for the Federal Circuit · 2010

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