Ellamae Phillips Co. v. United States

OPINION

BASKIR, Judge.

This is a takings case challenging the conversion of a railroad right-of-way to a biking and hiking trail pursuant to Section 8(d) of the National Trails System Act (“Rails-to-Trails Act”) (16 U.S.C. § 1247(d)). The right-of-way was granted in 1886 across federal public land under the terms of the General Railroad Right of Way Act of 1875 (“1875 Act”) (43 U.S.C. §§ 934-939). The land traversed by the right-of-way was opened to homestead settlement in accordance with the Act of June 11,1906 (34 Stat. 233). The property in this litigation was granted in 1914 to Joseph…