Legal Opinion
Boyer v. United States
United States Court of Federal Claims
Decided September 25, 2015No. 14-33LPublishedCited by 3 opinions
1Opinion of the Court
Rails-to-Trails; Fifth Amendment Takings; Oregon Law; Scope of Easement
OPINION
FIRESTONE, Judge.
Pending before the court are cross-motions for summary judgment filed pursuant to Rule 56 of the Rules of the United States Court of Federal Claims (“RCFC”) by the plaintiffs and the United States (“the government”). The plaintiffs claim that their property was taken without just compensation by the government when the Surface Transportation Board (“STB”) issued a Notice of Interim Trail Use (“NITU”) under the National Trails System Act Amendments of 1983, 16 U.S.C. § 1247(d) (“section 1247(d)”), to…
2Cases cited27 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Preseault v. Interstate Commerce CommissionSupreme Court of the United States · 1990
- Caldwell, Iii v. United StatesCourt of Appeals for the Federal Circuit · 2004
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3Cited by3 opinions
- Boyer v. United StatesUnited States Court of Federal Claims · 2017
- Loveridge v. United StatesUnited States Court of Federal Claims · 2018
- Stimson Lumber Company v. United StatesUnited States Court of Federal Claims · 2020