Amaliksen v. United States

53 Fed. Cl. 63, 2002 U.S. Claims LEXIS 185, 2002 WL 1797009
CourtUnited States Court of Federal Claims
DecidedJuly 31, 2002
DocketNo. 99-6L
StatusPublished
Cited by2 cases

This text of 53 Fed. Cl. 63 (Amaliksen v. United States) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Amaliksen v. United States, 53 Fed. Cl. 63, 2002 U.S. Claims LEXIS 185, 2002 WL 1797009 (uscfc 2002).

Opinion

OPINION

BRUGGINK, Judge.

This is an action alleging a Fifth Amendment, uncompensated taking of land previously burdened by an abandoned railroad easement. Pending are cross motions for summary judgment with respect to the claims of some of the plaintiffs. The single issue is whether the selected plaintiffs (Claimants 1 through 6) are owners of the fee interest. Oral argument was held on July 17 and July 26, 2002. For the reasons set out below, we find that plaintiffs’ do not own land underlying any portion of the easement and thus cannot maintain takings claims.

BACKGROUND

The lands at issue in this litigation are located very near the Canadian border in Orleans County, Vermont. Our decision today involves six parcels of property, owned on the date of the alleged taking by Charles Alexander, Elizabeth Dunbar, Anthony and Toni-Jo Wikar, Aurele and Gilberte Breton, Gordon and Hildegard Alexander, and John and Mae Keane (collectively “plaintiffs”). They are generally situated on the east side of Lake Memphremagog. The practical issue presented is whether they are merely near the lake or actually front on it. The answer depends on what happened to the land underlying the easement at issue.

Plaintiffs have a common predecessor-in-title, Luther Kittridge, who acquired fee simple absolute title to approximately 176 acres of land, including plaintiffs’ parcels, in 1854. The parcel bordered Lake Memphremagog. On October 1, 1863, the Connecticut and Passumpsic Rivers Railroad (“CPRR”) line acquired a right-of-way across the land owned by Kittridge through a “Commissioner’s Award.” The easement followed the eastern edge of the lake, running roughly north-south. Kittridge retained the fee interest. In May, 1867, CPRR opened a segment, historically known as the “Beebe Subdivision” or the “Beebe Spur,” extending from Newport, Vermont, north to the state’s border with Canada. This segment ran along the easement over Kittridge’s property.

From the southern border of Kittridge’s property, moving along Lake Memphremagog to its northern border, the width of CPRR’s easement varied as follows: (1) the first 1,700 feet of the easement was two rods (thirty-three feet) on either side of the center; (2) the next 700 feet, consisting of the six parcels at issue today, was two rods from the center line on the right (east), extended to Lake Memphremagog on the left (west); (3) the next 1,300 feet was two rods on the right, 1.5 rods on the left (or lake side) of the center line; and (4) the final 2,000 feet was two rods on either side of the center line. Plaintiffs’ parcels abut the unique portion of the easement that widens toward the west to front on the lake. That portion of the easement will be referred to throughout this opinion as the “lake parcel.”

The Kittridge Commissioners’ Award does not indicate why CPRR acquired more than the typical fifty-eight or sixty-six foot right-of-way along the 700 foot stretch at issue. However, a 1914 right-of-way map prepared by CPRR is instructive. That map identifies the 700 foot stretch as “Lake Park,” the location of a “Flag Stop” and a train platform. Plaintiffs assert, and the government does not deny, that none of these things were built and that the right-of-way was not put to such use.

[65]*65On March 5, 1867, Kittridge’s estate conveyed all of the land acquired by him in 1854 to John and Alvin House. Plaintiffs contend that the outcome here turns on the construction of the two succeeding deeds. In the first, dated August 21,1867, the Houses conveyed fee simple to approximately fifty-five acres of the land they had acquired from the Kittridge estate to Albert S. Miller. The grant was described as follows:

Beginning at a point in the highway leading from Glines Corner in Stenstead to West Derby Vermont about eighteen rods north of Land formerly owned and occupied by Simon Brooks and so as running west a parallel line with South Line of said lot shall touch the center of a certain cherry tree Standing about fifteen rods from said highway in the filed thence in the same direction parallel with the south line of said lot to the Rail Road, thence in a southerly direction along the enclosure of said Rail road to the land formerly owned by the said Brooks----Meaning to convey to the said Millers all the land deeded to us the fifth day of March A.D. 1867 by Portius Kittridge, Administrator of the Estate of the late Luther Kittridge contained within the bounds above described being East of said Rail Road and south of said Cherry Tree — Supposed to contain about fifty five acres of land be it the same more or less.

(Emphasis supplied). In this deed, the Houses retained the right to cross the land conveyed to Miller in order to access the lands they retained on the west side of the railroad: “The understanding between the parties is that J.L. & A. House is to have a pass action across the land and here deeded convenient to occupy the land on the point— west of the Rail Road belonging to them.”

The second deed is dated May 7, 1868, a year after this segment of CPRR’s line was opened for operation. On that date, Alvin House conveyed approximately fifteen acres of land acquired from the Kittridge estate to CPRR. This land was described as follows:

Being all that part of the land bought of Portius Kittridge Administrator of the Estate of the late Luther Kittridge by John S. House & Alvin House & conveyed to them on the fifth day of March A.D. 1867 which lays west of the Rail Road to the lake and between Johns River on the north and southern line of said purchase from the said Kittridge supposed to contain about fifteen acres more or less.

(Emphasis added). The parties agree that this deed conveyed fee simple absolute title to CPRR to something. The issue becomes, “what?” The court drawing below indicates the approximate locations of the various parcels in relation to the railroad and the lake.

[66]*66[[Image here]]

Two questions have to be answered in considering these grants. The first is, “did the 1867 deed give the Millers ownership of any portion of the land underlying the easement?” The second is similar: “Did the 1868 grant to the railroad include any portion of land already encumbered by the easement?” Before attempting to answer those questions, we will bring the chronology to the present.

On November 26, 1880, Albert S. Miller conveyed the land he had acquired from the Houses to Francis House. Following a series of mesne conveyances between 1880 and 1935, this same land was conveyed on November 15, 1935, from George O. Burtin to Harry Hanson and his wife, Lillian Hanson.

In the early 1950’s, the Hansons divided their land into a number of smaller lots resulting in the parcels at issue in Claims one through six. The Hansons conveyed these parcels to plaintiffs or their predecessors-in-title between 1954 and 1969. It is noteworthy, and defendant asserts, dispositive, that the most recent deeds to these plaintiffs clearly convey only land east of the easement. For example, the Alexander deed refers to land “running southerly on the easterly right-of-way” of the railroad. The other current deeds are to the same effect. The more particular question then becomes, “does a proper construction of the prior deeds, in light of other facts and certain presumptions under Vermont law, dictate that the plaintiffs nevertheless own land under all or a portion of the right-of-way?”

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Bluebook (online)
53 Fed. Cl. 63, 2002 U.S. Claims LEXIS 185, 2002 WL 1797009, Counsel Stack Legal Research, https://law.counselstack.com/opinion/amaliksen-v-united-states-uscfc-2002.