Legal Opinion

Barlow v. United States

United States Court of Federal Claims

Decided September 1, 2015No. 13-396 LPublishedCited by 9 opinions

1Opinion of the Court

Rails-to-Trails; Fifth Amendment .Takings; National Trails System Act; Illinois Law; Fee Simple; Easement; Notice of Interim Trail Use (NITU)

MEMORANDUM OPINION AND ORDER

LYDIA KAY GRIGGSBY, Judge

I. INTRODUCTION

Plaintiffs, landowners who own property adjacent to a railroad line owned by the Union Pacific Railroad Company, brought this takings action against the United States pursuant to the National Trails System Act, 16 U.S.C. §§ 1241-51 (2012). Plaintiffs allege a Fifth Amendment takings of their reversionary interest in property underlying the railroad line right-of-way, as a result of the…

2Cases cited46 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  3. United States v. Diebold, Inc.Supreme Court of the United States · 1962
  4. Mingus Constructors, Inc. v. The United StatesCourt of Appeals for the Federal Circuit · 1987
  5. Preseault v. Interstate Commerce CommissionSupreme Court of the United States · 1990

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3Cited by9 opinions

  1. Chicago Coating Company, LLC v. United StatesCourt of Appeals for the Federal Circuit · 2018
  2. James v. United StatesUnited States Court of Federal Claims · 2017
  3. Barlow v. United StatesCourt of Appeals for the Federal Circuit · 2023
  4. Chicago Coating Company, LLC v. United StatesUnited States Court of Federal Claims · 2017
  5. Harley-White v. United StatesUnited States Court of Federal Claims · 2016

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