This morning, the Federal Circuit released one precedential opinion and one nonprecedential order. The opinion addresses a suit against the government in which a lumber company sought compensation for an alleged taking arising from operation of the so-called Trails Act. The order dismisses an appeal from the Court of Federal Claims. Late Friday, the Federal Circuit also released another nonprecedential order dismissing an appeal from a Texas district court. Here is the introduction to the opinion and links to the dismissals.
Stimson Lumber Co. v. United States (Precedential)
This appeal originates from a rails-to-trails conversion in the state of Oregon, where Stimson Lumber Company (“Stimson”) owns property subject to an easement. Stimson brought suit against the government in the United States Court of Federal Claims (“Claims Court”), seeking compensation for an alleged taking arising from the operation of the National Trails System Act Amendments of 1983 (“Trails Act”), 16 U.S.C. § 1247(d). Stimson claimed that the issuance of a Notice of Interim Trail Use (“NITU”) allowing interim trail use and railbanking constituted a Fifth Amendment taking. The Claims Court held that interim trail use and railbanking was within the scope of the easement; the easement was not abandoned; and no taking occurred. See Loveridge v. United States, 148 Fed. Cl. 279, 283, 295 (2020) (“Decision I”); Loveridge v. United States, 150 Fed. Cl. 143, 145, 150–51 (2020) (“Decision II”); J.A. 53 (Rule 54(b) Judgment). We affirm.