Legal Opinion

Preseault v. United States

United States Court of Federal Claims

Decided November 10, 1992No. 90-4043LPublishedCited by 20 opinions

1Opinion of the Court

OPINION

NETTESHEIM, Judge.

This case is before the court after argument on cross-motions for partial summary judgment. Congress enacted the National Trails System Act, 16 U.S.C. §§ 1241-1251 (1988), which enabled use of a former railroad right-of-way as a bicycle path. Plaintiffs, who claim reversionary interests in the right-of-way, contend that the right-of-way consisted of railroad easements that had been abandoned and that, consequently, the Government took their property without just compensation under authority of the National Trails System Act. In its earlier opinion, Preseault v. United…

2Cases cited33 opinions

  1. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  2. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  3. Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
  4. Loretto v. Teleprompter Manhattan CATV Corp.Supreme Court of the United States · 1982
  5. Ruckelshaus v. Monsanto Co.Supreme Court of the United States · 1984

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3Cited by20 opinions

  1. Preseault v. United StatesCourt of Appeals for the Federal Circuit · 1996
  2. Preseault V. United StatesUnited States Court of Federal Claims · 2002
  3. Thompson v. United StatesUnited States Court of Federal Claims · 2011
  4. Avenal v. United StatesUnited States Court of Federal Claims · 1995
  5. Eastern Minerals International, Inc. v. United StatesUnited States Court of Federal Claims · 1996

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