Legal Opinion
Good v. Skagit County
Court of Appeals of Washington
Decided January 29, 2001No. 45436-6-IPublishedCited by 4 opinions
1Opinion of the CourtAppelwick, J.
The question presented in this appeal is whether the National Trails System Act, 16 U.S.C. § 1247(d), preempts state law on just compensation remedies such that a petitioner must bring a claim for just compensation under the Tucker Act in the Federal Court of Claims. We conclude that it does, and accordingly, affirm the trial court.
*672STATUTORY AND REGULATORY BACKGROUND
In 1983, Congress amended the National Trails System Act (Trails Act), 16 U.S.C. § 1247(d), to solve the problem caused by state property law that allowed railroad easements to lapse upon abandonment of rail service. To avoid…
2Cases cited10 opinions
- Preseault v. Interstate Commerce CommissionSupreme Court of the United States · 1990
- Chicago & North Western Transportation Co. v. Kalo Brick & Tile Co.Supreme Court of the United States · 1981
- United States v. WillSupreme Court of the United States · 1980
- Hayfield Northern Railroad v. Chicago & North Western Transportation Co.Supreme Court of the United States · 1984
- Lawson v. StateWashington Supreme Court · 1986
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3Cited by4 opinions
- Miami County Board of Commissioners v. Kanza Rail-Trails Conservancy, Inc.Supreme Court of Kansas · 2011
- Longnecker Property v. United StatesUnited States Court of Federal Claims · 2012
- Friends of the East Lake Sammamish Trail v. City of SammamishDistrict Court, W.D. Washington · 2005
- Miami County Board of Commissioners v. Kanza Rail-Trails Conservancy, Inc.Supreme Court of Kansas · 2011