Blendu v. United States

*544 OPINION

HEWITT, Judge.

The court has before it the parties’ Joint Motion for Partial Summary Judgment on the Question of Liability with Respect to the 1875 Act Lands (Joint Motion or Jt. Mot.), filed on December 1, 2006. The parties cross-move for summary judgment on the question of liability with respect to those claims involving segments of the railroad right-of-way that consist of easements created under the General Railroad Right-of-Way Act of March 3, 1875 (1875 Act), 43 U.S.C. §§ 934-39 (2004). Jt. Mot. 1. The Joint Motion is based on cross-motions for summary judgment previously filed…