Macy Elevator, Inc. v. United States

OPINION

FIRESTONE, Judge.

The plaintiffs in this class action1 are landowners who claim to own the fee interest in land underlying a previously-operating railroad line of the Norfolk and Western Rail *711Company (“N & W”)2 between milepost I-75.5, near Peru, Indiana and milepost 1-95.6, near Rochester, Indiana. The plaintiffs claim that the defendant (“government”) affected a taking of the plaintiffs’ fee interest in the railroad right-of-way between the mileposts when the government approved conversion of the subject railroad line to a recreational trail pursuant to the “railbank-ing” provision of…