Howard v. United States

PUBLISHED ORDER ACCEPTING CERTIFIED QUESTION

The United States Court of Federal Claims has certified a question of Indiana state law for this Court’s consideration. The question arises in Howard v. United States, - Cl.Ct. -, 2011 WL 2120526 (2011). The question, as framed by the Court of Claims, is:

“Under Indiana law, are railbanking and interim trail use pursuant to 16 U.S.C. § 1247(d) uses that are within the scope of the easements acquired by the railroad companies either by prescription, condemnation, or the deed at issue; and if either is not within the scope of the easements originally…