Memmer v. United States

 
APPEAL NO.
21-2133
OP. BELOW
CFC
OPINION
TBD
SUBJECT
Takings
AUTHOR
TBD

Issue(s) Presented

1. “Does the issuance of a NITU by the STB trigger a per se categorical physical taking under the Trails Act, rendering any ‘causation’ standard inappropriate?”

2. “Does the duration of the taking end when the railroad’s authorization to abandon expires if the railroad thereafter fails to consummate federal abandonment and state law abandonment occurred during the pendency of the NITU?”