Fauvergue v. United States

85 Fed. Cl. 50, 2008 U.S. Claims LEXIS 352, 2008 WL 5248389
CourtUnited States Court of Federal Claims
DecidedDecember 11, 2008
DocketNo. 08-431L
StatusPublished
Cited by6 cases

This text of 85 Fed. Cl. 50 (Fauvergue 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
Fauvergue v. United States, 85 Fed. Cl. 50, 2008 U.S. Claims LEXIS 352, 2008 WL 5248389 (uscfc 2008).

Opinion

MEMORANDUM OPINION AND ORDER

MILLER, Judge.

Presented as an issue of first impression after aigument on a contested motion to amend a complaint for a taking of property under the Rails to Trails Act, 16 U.S.C. §§ 1241-1251 (2000), is whether a class-action complaint can be amended to add named parties after the statute of limitations set forth in 28 U.S.C. § 2501 (2000), has expired. The court rules that amendment of the complaint does not resolve the issue of whether a class-action complaint can be maintained for individual named plaintiffs or other class members, all of whom had claims that, if filed individually, would be timed barred. The court will decide that issue when ruling on plaintiffs’ separate motion for class-action certification.

FACTS

The complaint filed on June 12, 2008, recites that on June 21, 2002, Earleen Fauvergue and putative class members (“plaintiffs”) 1 were landowners along the former Memphis Carthage & Northwestern Railroad Company (the “MCNRC”) railroad line stretching from Jasper County, Missouri, to Cherokee County, Kansas (the “line”). The line was subject to a Notice of Interim Trail Use or Abandonment (the “NITU”) published on June 21, 2002, and had since been toned into a public hiking trail.

The Rails to Trails Act, 16 U.S.C §§ 12411251 (the “Trails Act”), was enacted in the early 1980’s to promote the conversion of abandoned railroad lines into recreational trails. Preseault v. Interstate Commerce Comm’n, 494 U.S. 1, 5, 110 S.Ct. 914, 108 L.Ed.2d 1 (1990). In general terms, once a railroad abandons use of its track, the fee owners of the burdened estate automatically gain them reversionary interest in the easement. The aegis behind the Trails Act is exploitation of railroad property interests by granting easements to third parties for alternative uses of the land where railroad tracks previously traversed. The Trails Act preserves the railroad’s right-of-way by affording a State, municipality, or private group an opportunity to negotiate with a railroad to assume temporary managerial responsibility to implement an interim use of the land to build recreational trails. See Preseault, 494 U.S. at 6-8, 110 S.Ct. 914. If an agreement is reached, the interim trail use “shall not be treated, for purposes of any law or rule of law, as an abandonment of the use of such rights-of-way for railroad purposes.” 16 U.S.C. § 1247(d) (2000). This process has been termed “railbanking.” Caldwell v. United States, 391 F.3d 1226, 1229 (Fed.Cir. 2004), reh’g en banc denied, cert. denied, 546 U.S. 826, 126 S.Ct. 366, 163 L.Ed.2d 72 (2005).

The railbanking process typically starts when a railroad files an application, or other documentation, with the Surface Transportation Board (the “STB”) stating its intention to abandon some part of a line. In ton, the STB will publish a notice of exemption in the Federal Register. To avoid abandonment of the track, and take advantage of the Trails Act, a State, municipality, or private group can file a railbanking petition with the [52]*52STB. If the railbanking petition is sufficient,2 and the railroad agrees to negotiate, the STB will issue a NITU, which allows the railroad to salvage track and equipment, discontinue service, and prepare for the interim use without actually abandoning the railroad line. See generally Caldwell, 391 F.3d at 1229-32. If subsequent negotiations between the railroad and the applicant for interim trail use are successful, the NITU extends indefinitely; the STB retains jurisdiction for potential future railroad use; and the reversionary interests of the surrounding landowners, which would ordinarily vest upon abandonment of the rail line by the railroad, continue to remain dormant until actual abandonment. Id.

Most importantly to this motion, as held by the United States Court of Appeals for Federal Circuit in Caldwell, the NITU publication date is the date on which the statute of limitations, 28 U.S.C. § 2501, commences for all claims under the Trails Act. Caldwell, 391 F.3d at 1235 (holding that “the appropriate triggering event for any takings claim under the Trails Act occurs when the NITU is issued.”).

In 1876 the MCNRC secured a 100-foot-plus wide strip of land, through condemnation decrees in Missouri and easements in Kansas, to construct railroad lines. The terms of the condemnation decrees included the automatic abandonment of the easements once MCNRC, or MCNRC’s successor-in-interest, ceased operating a railroad across the right-of-way.3 The constructed line included a 28.25-mile-long stretch from Columbus, Kansas, in Cherokee County, to Carthage, Missouri, in Jasper County — the land at issue in this action.

The railroad easements remained in the MCNRC’s name until 1980, when the easements were transferred to the St. Louis and San Francisco Railway Company, which, through a series of mergers in 1995, became the Burlington Northern and Santa Fe Railway Company (the “BNSF”). The BNSF filed a Notice of Exemption with the STB to abandon the line on May 23, 2002, after two years of nonuse of the line.

Opportunistically, the city of Carl Junction, a municipality located on the Kansas/Missouri border, and the Joplin Trail Coalition (the “JTC”), a nonprofit organization in Missouri, jointly filed on May 10, 2002, a NITU for the Missouri portion of the line, approximately 15.93 miles long. Nineteen days later, on May 29, 2002, the JTC filed for a NITU for the Kansas portion of the line, covering a distance of 12.32 miles. The STB granted both NITUs on June 21, 2002. A trail-use negotiation period was established, and, following a series of 180-day extensions and reportedly acrimonious debates over the implications of creating a trail, the JTC and BNSF reached a Trail Use Agreement on June 16, 2003. This agreement purported to transfer the BNSF’s interests in the easement to the JTC. By letter dated October 20, 2003, the BNSF officially acknowledged that, as of October 31, 2003, it would discontinue use of the line. Moreover, on September 16, 2004, the BNSF entered into a quitclaim deed with the JTC to transfer all land along the line in Missouri.

The complaint alleges that the trail development proceeded without the United States holding any proceedings to establish a new easement or condemnation decree and without the United States compensating, or offering to compensate; plaintiffs. Plaintiffs claim that the rail-to-trail conversion has deprived them of the value of the land now occupied by the trail and also has diminished the value of the adjoining property. Plaintiffs further assert that the taking violates their right to just compensation under the Fifth Amendment .to the U.S.

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Cite This Page — Counsel Stack

Bluebook (online)
85 Fed. Cl. 50, 2008 U.S. Claims LEXIS 352, 2008 WL 5248389, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fauvergue-v-united-states-uscfc-2008.