McCann Holdings, Ltd. v. the United States 0

Fifth Amendment Taking; Rails-to-Trails; 16 U.S.C. § 1241 et seq.; Just Compensation; Valuation; Severance Damages; Buffering; Berming; Cost to Cure; Loss of Access.

OPINION AND ORDER

WILLIAMS, Judge.

This Fifth Amendment taking ease comes before the Court following a trial on damages. 1 Plaintiff seeks $3,177,365 in damages stemming from the imposition of a recreational trail across its property pursuant to the Rails to Trails Act. Specifically, Plaintiff seeks $1,267,200 for the encumbrance of the trail and $1,910,165 in severance damages for the diminution of the property’s value because of…