Bywaters v. United States

196 F.R.D. 458, 2000 U.S. Dist. LEXIS 19638, 2000 WL 1481126
CourtDistrict Court, E.D. Texas
DecidedAugust 25, 2000
DocketNo. Civ.A. 6:99CV451
StatusPublished
Cited by19 cases

This text of 196 F.R.D. 458 (Bywaters v. United States) is published on Counsel Stack Legal Research, covering District Court, E.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bywaters v. United States, 196 F.R.D. 458, 2000 U.S. Dist. LEXIS 19638, 2000 WL 1481126 (E.D. Tex. 2000).

Opinion

ORDER GRANTING CLASS CERTIFICATION

HANNAH, District Judge.

Came on for consideration Plaintiffs’ Motion for Class Certification [Doc. # 11]. On [462]*462August 24, 2000, the Court held a hearing on the motion. The Court also reviewed briefs from amicus curiae Texas Farm Bureau and Rails-to-Trails Conservancy. In light of the pleadings, arguments presented at the hearing, and the applicable law, the Court rules on Plaintiffs’ motion as follows.

I. BACKGROUND

Plaintiffs seek certification of a class that would include all owners of land constituting the railroad corridor formerly operated by Gulf, Colorado and Santa Fe Railway Company, and subsequently by the Chaparral Railroad Company, Inc., running through Lamar, Hunt, Delta, Fannin and Collin Counties, Texas (hereafter “Chaparral Corridor”). Plaintiffs assert that they, together with approximately 1000 other land owners, are entitled to just compensation under the Fifth Amendment for property taken by the United States pursuant to the National Trails System Act Amendments of 1983 (“Amendments”) to the National Trails System Act, 16 U.S.C. § 1241, et seq., (“Rails-to-Trails Act”).

The Amendments represent the culmination of congressional efforts to preserve shrinking rail trackage by converting unused rights-of-way to recreational trails. Preseault v. Interstate Commerce Comm., 494 U.S. 1, 5, 110 S.Ct. 914,108 L.Ed.2d 1 (1990). Rail use has decreased from 272,000 miles in 1920 to about 141,000 miles in 1990, with experts estimating that approximately 3,000 additional track miles would be abandoned every year after 1990. Id. The Amendments authorize the Interstate Commerce Commission (“ICC”)1 to allow interim use of rail rights-of-way not in service as recreational trails to preserve the rights-of-way for possible future railroad use. Id. at 6, 110 S.Ct. 914. This practice is commonly referred to as railbanking.

Section 8(d) of the Amendments provides that such interim trail use shall not be treated as an abandonment of the use of such rights-of-way 'for railroad purposes. 16 U.S.C. § 1247(d). This provision “gives rise to a takings question in the typical rails-to-trails case because many railroads do not own their rights-of-way outright but rather hold them under easements or similar property interests.” Preseault, 494 U.S. at 8,110 S.Ct. 914. In stating that interim trail use was not to be considered abandonment, Congress prevented property interests in the rights-of-way from reverting under state law back to the adjacent land owners. Id. The Amendments thus created the potential that private property would be taken for public use. Moore v. United States, 41 Fed.Cl. 394, 397 (1998).

The Supreme Court noted in Preseault that the Fifth Amendment does not prohibit the taking of private property for public use, but places a condition on the exercise of that power by requiring the government to provide just compensation. Id. at 11, 110 S.Ct. 914. The Court held that property owners who want to bring a takings claim against the government for converting rail rights-of-way for interim trail use were able to bring such claims under the Tucker Act. Id. The Tucker Act provides jurisdiction in the United States Court of Federal Claims for any claim against the Federal Government to recover damages founded on the Constitution, a statute, a regulation, or an express or implied-in-fact contract. Id. at 11-12, 110 S.Ct. 914 (citing the Tucker Act, 28 U.S.C. § 1491(a)(1)). In addition, the Little Tucker Act, 28 U.S.C. § 1346(a)(2), creates concurrent jurisdiction in the district courts where plaintiffs reside for such claims not exceeding $10,000 in amount. Id. at 12, 110 S.Ct. 914. Plaintiffs bring their claims in this district under the Little Tucker Act.

II. LEGAL STANDARD FOR CLASS CERTIFICATION

Plaintiffs seek class certification pursuant to Rule 23 of the Federal Rules of Civil Procedure. Certification of a class is appropriate where the party seeking certification demonstrates that the four requirements of Rule 23(a) and at least one of the requirements of Rule 23(b) are satisfied. Amchem [463]*463Products, Inc. v. Windsor, 521 U.S. 591, 613-14, 117 S.Ct. 2231, 138 L.Ed.2d 689 (1997). Specifically, Rule 23(a) provides that:

One or more members of a class may sue or be sued as representative parties on behalf of all only if (1) the class is so numerous that joinder of all members is impracticable, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (4) the representative parties will fairly and adequately protect the interests of the class.

Fed.R.Civ.P. 23(a). Before certifying a class action, the trial court must perform a rigorous analysis and be satisfied that Rule 23(a)’s numerosity, commonality, typicality and adequacy of representation requirements are met. General Telephone Company of the Southwest v. Falcon, 457 U.S. 147, 161, 102 S.Ct. 2364, 72 L.Ed.2d 740 (1982).

In addition to satisfying Rule 23(a) prerequisites, the party seeking class certification must establish that the action is maintainable under at least one provision of Rule 23(b). Plaintiffs assert that the requirements of Rule 23(b)(3) are met. That provision requires the court to find “that the questions of law or fact common to the members of the class predominate over any questions affecting only individual members, and that a class action is superior to other available methods for the fair and efficient adjudication of the controversy.” Fed.R.Civ.P. 23(b)(3).

In determining whether certification is appropriate under Rule 23(b)(3), the court must remain mindful of the underlying policy that a 23(b)(3) action “encompasses those cases in which a class action would achieve economies of time, effort, and expense, and promote uniformity of decisions as to persons similarly situated, without sacrificing procedural fairness or bringing about other undesirable results.” State of Alabama v. Blue Bird Body Co., Inc., 573 F.2d 309, 315-16 (5th Cir.1978) (citing Advisory Committee Note to Rule 23).

Class certification is a procedural determination only.

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Bluebook (online)
196 F.R.D. 458, 2000 U.S. Dist. LEXIS 19638, 2000 WL 1481126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bywaters-v-united-states-txed-2000.