Legal Opinion

Asmussen v. United States

Supreme Court of Colorado

Decided July 1, 2013No. Supreme Court Case No. 12SA96PublishedCited by 4 opinions

1Opinion of the CourtJustice Marquez

1 Pursuant to C.A.R. 21.1, we agreed to answer a certified question of law posed to us by the United States Court of Federal Claims. The question arises out of a class action lawsuit asserting a Fifth Amendment takings claim against the federal government. Plaintiffs are landowners in Weld County who own property abutting a former railroad right-of-way. The United States authorized the former railroad right-of-way to be used as a recreational trail pursuant to the National Trails System Act, 16 U.S.C. §§ 1241-1251 (2006) ("Rails-to-Trails Act"). The issue before the United States Court of…

2Cases cited30 opinions

  1. Preseault v. Interstate Commerce CommissionSupreme Court of the United States · 1990
  2. Rio Bravo Oil Co. v. WeedTexas Supreme Court · 1932
  3. Paine v. Consumers' Forwarding & Storage Co.Court of Appeals for the Sixth Circuit · 1895
  4. Strayhorn v. JonesTexas Supreme Court · 1957
  5. Roeder Co. v. Burlington Northern, Inc.Washington Supreme Court · 1986

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3Cited by4 opinions

  1. Castillo v. United StatesCourt of Appeals for the Federal Circuit · 2020
  2. Castillo v. United StatesCourt of Appeals for the Federal Circuit · 2020
  3. Great Northern Properties v. Extraction Oil and GasColorado Court of Appeals · 2022
  4. Maricopa v. RoveyCourt of Appeals of Arizona · 2020

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