ANNA F. NORDHUS FAMILY TRUST V. UNITED STATES 98 Fed. Cl. 331 (2011) CASE BRIEF

ANNA F. NORDHUS FAMILY TRUST V. UNITED STATES

98 Fed. Cl. 331 (2011)

NATURE OF THE CASE: Nordhus (P) sued for a taking based on passage of the National Trail Systems Act, 16 U.S.C.S. 1241 et seq., which prevented Ps from receiving their reversionary interest following a railroad's abandonment of its easements. P motioned for partial summary judgment.

FACTS: In the mid-1800s, the Kansas legislature created a process to allow railroads to establish right-of-ways over private property. More than a century later, in 1986, the Kansas legislature sought to regulate railroad abandonment, and passed Kan. Stat. Ann. 66-525, which provided in relevant part: (a) For purposes of this section, a railroad right-of-way shall be considered abandoned when: (1) The tracks, ties, and other components necessary for operation of the rail line are removed from the right-of-way following the issuance of an abandonment order by the appropriate federal or state authority . . . .(f) Except where a railroad company conveys its right, title and interest in and to railroad right-of-way which it owns in fee simple, any conveyance by a railroad company of any actual or purported right, title or interest in property acquired in strips for right-of-way to any party other than the owner of the servient estate shall be null and void, unless such conveyance is made with a manifestation of intent that the railroad company's successor shall maintain railroad operations on such right-of-way. Ps are property owners who claim to hold a fee simple interest in land subject to a railroad right-of-way. Ps filed Fifth Amendment takings claims over an 8.13-mile corridor of land. Pending before the Court are cross-motions for summary judgment on liability. On December 12, 2005, Union Pacific posted a letter to the STB advising that Union Pacific, as of December 6, 2005, had 'discontinued service . . . between Milepost 133.3 to Milepost 125 . . . pursuant to the National Trails System Act.' The Nebraska Trails Foundation executed a quit claim deed with the Marshall County Connection, Inc., conveying the Foundation's right, title and interest to any and all rights of way, reservations and easements of record to Marshall County Connection, Inc., recorded in Book 448, pages 336 and 339 in the Marshall County, Kansas Recorder of Deeds. Ps and Ds sued and moved for summary judgment regarding liability.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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