Behrens v. United States

 
APPEAL NO.
22-1277
OP. BELOW
DCT
OPINION
TBD
SUBJECT
Takings
AUTHOR
TBD

Issue(s) Presented

1. “Were the railroad purpose easements obtained by the railroad as ‘voluntary grants’ broad enough to permit railbanking and the construction of a hiking and biking trail under the Trails Act?” 2. “Did the CFC abuse its discretion by striking Plaintiffs’ third and fourth motions for summary judgment pertaining to the alternative path to liability based on state law abandonment (prong 3 of Preseault II) after the issue had already been presented to the CFC on two prior occasions and the CFC never ruled?”