McClurg Family Farm, LLC v. United States

OPINION

ALLEGRA, Judge:

Plaintiffs, landowners in Iowa, allege that their property was taken as a result of defendant’s actions under the National Trails System Act (the Trails Act), 16 U.S.C. §§ 1241-51. The court certified the class on July 27, 2010. Pending are cross-motions for partial summary judgment regarding defendant’s liability as to the 360 parcels at issue. For the reasons that follow, the court renders a split decision, concluding, as a matter of law, that defendant is liable with respect to some of these parcels and not as to others. For still other parcels, the court determines…