Ybanez v. United States

OPINION AND ORDER

HODGES, Judge.

Plaintiffs own property abutting a railway corridor in northern Texas. They allege that defendant took plaintiffs’ property interests in the former Railroad right-of-way without just compensation. Action by the Surface Transportation Board prevented their lands from being subject to abandonment under Texas state law, according to plaintiffs. If the land subject to easements for railroad purposes had. been abandoned, plaintiffs urge, it would have returned to them as owners in fee of the estate. When the Board issued a Notice of Interim Trail Use, or NITU, that…