Miller v. United States

OPINION

BRUGGINK, Judge.

Plaintiffs are landowners in St. Louis County, Missouri, who allege that their property has been taken as a result of the conversion of the Kirkwood Industrial Lead of the Carondelet Branch of the Pacific Railroad1 right-of-way to a public use trail pursuant to the National Trails Systems Act, 16 U.S.C. § 1247(d) (2000). We certified a class on April 20, 2004. Pending are the parties’ cross-motions for partial summary judgment regarding two of the seventy-six claimants. Defendant asks dismissal of the two claimants on the grounds that the railroad held title to the…