Hochstetler v. United States

National Trails System Act; 16 U.S.C. §§ 1241-1251; Fifth Amendment Takings Clause; Centerline presumption; language of deed

OPINION

ERIC G. BRUGGINK, Judge

Plaintiffs, Todd and Karissa Hochstetler (“the Hochstetlers”), Jane Christopherson, Hunter Grain Company, David A. Burchill and Rebecca J. Burchill (“the Burchills”), the owners of several tracts of land in Cass County, North Dakota, bring this case pursuant to the Takings Clause of the Fifth-Amendment. Plaintiffs claim that their land is adjacent to and underneath areas of the railroad line that Burlington Northern Santa Fe Railway Company…