This morning the Federal Circuit issued a nonprecedential opinion affirming a judgment by the Court of Federal Claims rejecting takings claims based on a so-called “rails-to-trails” conversion. Here is the introduction to the opinion.
Albright v. United States
These consolidated appeals stem from a “rails-to-trails” conversion in Oregon. The Court of Federal Claims determined that the twenty-six deeds at issue each conveyed fee simple title, not an easement, from Appellants’ predecessors-in-interest to the railroad. See generally Loveridge v. United States, No. 16-912L, 2019 WL 495578 (Fed. Cl. Feb. 8, 2019) (“Reconsideration”); Loveridge v. United States, 139 Fed. Cl. 122 (2018) (“Decision”). For that reason, the Court of Federal Claims concluded that Appellants have no compensable property interest in the land to which the deeds pertain. Appellants appealed. We affirm.