No Physical Invasion Necessary For Railroad Easement Takings Claim

January 2011
Land Use Law Report;2011, Vol. 39 Issue 1, p3
The article discusses a court case in which the U.S. Court of Appeals for the Federal Circuit ruled that no actual physical invasion is required for a takings claim to accrue when a Notice of Interim Trail Use of Abandonment is issued. In Ladd v. United States, several landowners in Arizona filed a takings claim against the U.S. federal government after a railway to suspend abandonment proceedings that could have resulted in a rail easement back to landowners was allowed by the U.S. Department of Transportation's Surface Transportation Board.


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