Legal Opinion

Douglas R. Bigelow Trust v. United States

United States Court of Federal Claims

Decided November 19, 2012No. 09-460LPublishedCited by 4 opinions

1Opinion of the Court

OPINION

ALLEGRA, Judge:

Plaintiffs are landowners in Michigan, who allege that their property was taken as a result of the National Trails System Act (the Trails Act), 16 U.S.C. §§ 1241-51. The court certified a class on March 23, 2011. Pending are cross-motions for partial summary judgment regarding defendant’s liability as to one of the parcels at issue. For the reasons that follow, the court holds, as a matter of law, that there was no takings of that parcel, as the prior owner had conveyed fee title to the property to a railroad.

I. BACKGROUND

This case involves a railroad corridor that runs…

2Cases cited41 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  3. United States v. Diebold, Inc.Supreme Court of the United States · 1962
  4. MARKMAN Et Al. v. WESTVIEW INSTRUMENTS, INC., Et Al.Supreme Court of the United States · 1996
  5. Herbert Markman and Positek, Inc. v. Westview Instruments, Inc. And Althon Enterprises, Inc.Court of Appeals for the Federal Circuit · 1995

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3Cited by4 opinions

  1. Burgess v. United StatesUnited States Court of Federal Claims · 2013
  2. McClurg Family Farm, LLC v. United StatesUnited States Court of Federal Claims · 2014
  3. Louis A. Burgess v. United StatesUnited States Court of Federal Claims · 2013
  4. McClurg Family Farm, LLC. v. United StatesUnited States Court of Federal Claims · 2014

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