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Anna F. Nordhus Family Trust v. United States

United States Court of Federal Claims

98 Fed. Cl. 331 (2011)

Relevant factsFree

After Union Pacific abandoned its railroad easement across an 8.13-mile Kansas corridor, the Federal Surface Transportation Board authorized converting the corridor to a recreational trail under the Trails Act's railbanking provision, preventing the easement from reverting to the underlying Kansas landowners (plaintiffs) as Kansas law would otherwise require; the landowners sued the United States (defendant), arguing this blocked reversion constituted an uncompensated Fifth Amendment taking.

IssueFree

Whether, in Kansas, a railroad right-of-way easement that is no longer used for railway purposes reverts to the original property owner in fee simple.

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