Archive | Rails-to-Trails

June 17, 2020

Notice of “Rails to Trails” Constitutes a Taking

On May 29, 2020, the Federal Circuit Court o Appeals issued a decision in Caquelin v U.S., No. 19-1385 (Fed. Cir. 2020), which held that a categorical taking analysis applies to the evaluation of whether a Notice of Intended Trail use constitutes a taking. In the early development of our County, railroads were critical to development. Development of railroad networks was very important. So important, that railroads were given the power of eminent domain. The railroads used the power to negotiate or take easements over private property for the use… read more

By Michael Rikon

Posted in Categorical Taking, Rails-to-Trails

The Highline and the Romanoff Case

The Highline has been a very successful park. It was opened to the public in 2009. It begins at Gansevoort Street in the Meat Packing District and continues to West 34th Street between 10th and 12th Avenues in Manhattan. It is, to say the least, wildly popular and crowded with tourists taking advantage of the dramatic views. Last week, Owners’ Counsel of America filed an Amici brief in Romanoff Equities, Inc. v United States, No. 15-5034 (Fed. Cir. March 10, 2016), a rails to trial taking case pending in the… read more

By Michael Rikon

Posted in Eminent Domain, Litigation, New York, Public Parkland, Rails-to-Trails

Rails-to-Trails Takings Claims

The nation’s interstate railway system is shrinking as railroads abandon track every year. The National Trails System Act Amendment of 1983 (the “Rails-to-Trails Act”) provides that trails should be established near urban areas and within scenic areas of the Nation for outdoor recreation “to promote the preservation of, public access to, travel within, and enjoyment and appreciation of the open-air, outdoor areas and historic resources of the Nation[.]” 16 USC § 1241, et seq. The purpose of the Rails-to-Trails Act is to preserve unused railroad rights-of-way by converting them into… read more

By Michael Rikon

Posted in Eminent Domain, New York, Rails-to-Trails

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