Dana R. Hodges Trust v. United States

OPINION

DAMICH, Judge:

Pending before the court are the parties’ cross-motions for summary judgment in this “rails-to-trails” case. Plaintiffs allege a Fifth Amendment taking of their properties which were subject to a railroad right-of-way along two segments of a corridor running from Lowell, Michigan, to Greenville, Michigan, in Kent, Ionia, and Montcalm counties.

Pursuant to a Petition for Exemption submitted by Mid-Michigan Railroad, Inc. (“Mid-Michigan,” “MMRR,” or “the railroad”) to abandon its rail line between Lowell, at milepost 103.20, and Greenville, at milepost 78.50, the Surface…