A CFC Primer On Rails-to-Trails Takings

If you ever wanted a primer on the sometimes-confusing and seemingly arcane world of Rails-to-Trails takings cases, you would be hard-pressed to find a better example of the substantive law and the procedures in these cases than the Court of Federal Claims opinion in Nicholson v. United States , No. 23-843 (Mar. 13, 2024).

There's nothing particularly outrageous about this case, but that's one of the reasons why we appreciate the time that Judge Tapp put into the opinion (and the effort our colleagues Lindsay Brinton and Meghan Largent put into the case). 

Here's how the opinion starts off:

"There is a pleasure in the pathless woods[.]" Yet for the Hyatt and Nicholson Plaintiffs (collectively referred to as “Plaintiffs”), that pleasure was replaced with the pain of usurped property rights. Tn its pursuit of public amenities, the United States transformed Plaintiffs’ land previously burdened by an unused railway into a different burden—a walking trail. Plaintiffs bring this rails-to-trails case contesting the United States’ action as an uncompensated taking.

The United States moves for summary judgment, primarily arguing that because compensation is not available to Plaintiffs, there can be no taking. (Hyatt Defendant’s Motion for Summary Judgment, ECF No. 18; Nicholson Defendant’s Motion for Summary Judgment, ECF No. 13 (collectively referred to as “Def.’s Mot. for Summ. J.”)). Plaintiffs cross-move for partial summary judgment as to liability, arguing that the United States’ action of changing the nature of an easement on their property effected a taking. (Hyatt Plaintiffs’ Motion for Partial Summary Judgment, ECF No. 19; Nicholson Plaintiffs’ Motion for Partial Summary Judgment, ECF No. 14 (collectively referred to as “Pls.’ Mot. for Part. Summ. J.”)). Plaintiffs further argue that the Court should clarify certain calculations relating to just compensation. (See generally Pls.’ Mot. for Part. Summ. J.). The Court disagrees; conclusions as to those calculations are inappropriate at this stage. Ultimately though, the Court agrees that the United States has taken Plaintiffs’ property for public use. Therefore, Plaintiffs’ Motion is granted-in-part and the United States’ Motion is denied. The quantum of compensation is premature and left for another day.

Slip op. at 1-2 (footnotes omitted).

Check it out.

Nicholson v. United States, No. 23-843 (Fed. Cl. Mar. 13, 2024)