Legal Opinion

Illig v. United States

United States Court of Federal Claims

Decided December 3, 2003No. 98-934LPublishedCited by 15 opinions

1Opinion of the Court

OPINION

BRUGGINK, Judge.

This is a class action brought by landowners pursuant to the Takings Clause of the Fifth Amendment. Plaintiffs claim that the National Trails System Act, as amended, 16 U.S.C. § 1241 (Supp. II 1996) (“Trails Act”), lead to an uncompensated taking of an easement over their lands. On October 22, 2001, we adopted the parties’ joint stipulations related to liability and joint proposal regarding future proceedings. In accordance with that stipulation, we granted plaintiffs’ March 2, 2001 motion for partial summary judgment as to liability with respect to the named plaintiffs…

2Cases cited19 opinions

  1. Preseault v. Interstate Commerce CommissionSupreme Court of the United States · 1990
  2. Western Union Telegraph Co. v. Pennsylvania RailroadSupreme Court of the United States · 1904
  3. Chicago, Sante Fe & California Railway Co. v. McGrewSupreme Court of Missouri · 1891
  4. Glosemeyer v. United StatesUnited States Court of Federal Claims · 2000
  5. Stotzenberger v. PerkinsSupreme Court of Missouri · 1933

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3Cited by15 opinions

  1. Barahona v. Union Pacific RailroadCourt of Appeals for the Ninth Circuit · 2018
  2. The Dana R. Hodges Trust v. United StatesUnited States Court of Federal Claims · 2013
  3. Moore v. United StatesUnited States Court of Federal Claims · 2004
  4. PALMETTO CONSERVATION FOUNDATION v. SmithDistrict Court, D. South Carolina · 2009
  5. Dorothy Trevarton v. State of South DakotaCourt of Appeals for the Eighth Circuit · 2016

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