Legal Opinion

Ybanez v. United States

United States Court of Federal Claims

Decided December 5, 2011No. 09-172LPublishedCited by 11 opinions

1Opinion of the Court

OPINION AND ORDER

HODGES, Judge.

Plaintiffs own property along a 4.57-mile railroad corridor in Ellis County, Texas. Union Pacific Railroad used the corridor for rail traffic until 2003. On November 17, 2005, the Railroad filed a Notice of Exemption with the Surface Transportation Board, pursuant to the National Trails System Act Amendments of 1983, 16 U.S.C. § 1274(d). In accordance with that Act, the City of Waxahachie, Texas, filed a request for issuance of a Notice of Interim Trail Use (NITU) in February 2006. The Surface Transportation Board issued the NITU as requested. Thereafter, the…

2Cases cited24 opinions

  1. Mingus Constructors, Inc. v. The United StatesCourt of Appeals for the Federal Circuit · 1987
  2. Preseault v. Interstate Commerce CommissionSupreme Court of the United States · 1990
  3. Caldwell, Iii v. United StatesCourt of Appeals for the Federal Circuit · 2004
  4. United States v. Virginia Electric & Power Co.Supreme Court of the United States · 1961
  5. Preseault v. United StatesCourt of Appeals for the Federal Circuit · 1996

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3Cited by11 opinions

  1. Haggart v. United StatesUnited States Court of Federal Claims · 2012
  2. Beres v. United StatesUnited States Court of Federal Claims · 2012
  3. Carolina Plating Works, Inc. v. United StatesUnited States Court of Federal Claims · 2011
  4. Macy Elevator, Inc. v. United StatesUnited States Court of Federal Claims · 2012
  5. Geneva Rock Products, Inc. v. United StatesUnited States Court of Federal Claims · 2012

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