ATS Ford Drive Investment, LLC v. United States

 
APPEAL NO.
23-1760
OP. BELOW
CFC
SUBJECT
Takings
AUTHOR
TBD

Issue(s) Presented

1.”Whether the United States Court of Federal Claims (CFC) erred when it refused to certify a question of Indiana property law to the Indiana Supreme Court.”

2. “Whether the CFC erred when it held that, as a matter of Indiana law, right-of- way and damage-release forms landowners signed in the 1840s and 1850s granted the railroad title to the fee simple estate in the strip of land used for a railway line.”

Holding

  1. “Appellants’ request to certify a ques- tion fails because the Indiana Supreme Court has said what the law is: the Releases conveyed fee simple titles to the Peru and Indianapolis Railroad Company. For the reasons stated, we decline to certify the question of the scope of the Releases’ conveyance to the Indiana Supreme Court.”
  2. “We conclude that, under Indiana law, the Releases here conveyed fee simple titles.”

    “We have considered Appellants’ remaining arguments and find them unpersuasive. For the above reasons, we affirm the judgment of the Court of Federal Claims.”