Haggart v. United States

89 Fed. Cl. 523, 2009 U.S. Claims LEXIS 315, 2009 WL 3152383
CourtUnited States Court of Federal Claims
DecidedSeptember 28, 2009
DocketNo. 09-103L
StatusPublished
Cited by42 cases

This text of 89 Fed. Cl. 523 (Haggart 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
Haggart v. United States, 89 Fed. Cl. 523, 2009 U.S. Claims LEXIS 315, 2009 WL 3152383 (uscfc 2009).

Opinion

OPINION AND ORDER

LETTOW, Judge.

Before the court in this rails-to-trails case is plaintiffs’ motion to certify a class action for a class comprised of the named plaintiffs and other landowners who own reversionary rights to property previously used as a railroad in King County, Washington. Plaintiffs claim that operation of Section 208 of the National Trails System Act Amendments of 1983, Pub.L. No. 98-11, § 208, 97 Stat. 42, 48 (codified at 16 U.S.C. § 1247(d)) (“Trails Act”), “preclude[s] the [pjlaintiffs and similarly situated property owners from enjoying their ‘reversionary rights to their property by allowing King County, Washington to use [pjlaintiffs’ land for a non-railroad purpose.” Pis.’ Mem. in Support of Mot. to Certify Class Action at 3 (“Pis.’ Mem.”); see also Third Am. Compl. ¶¶ 51-56. Plaintiffs claim [528]*528a taking of their property for public use without just compensation in contravention of the Fifth Amendment. Third Am. Compl. ¶112, 52. The government does not oppose plaintiffs’ motion to certify this case as a class action. Indeed, on September 3, 2009, the parties submitted a Joint Proposal Concerning Class Certification (“Joint Proposal”) in which they requested that the court certify an opt-in class under Rule 23 of the Rules of the Court of Federal Claims (“RCFC”), on terms set forth in the Joint Proposal. Joint Proposal at 1, 4. This proposal is conceptually acceptable to the court but requires adjustment in certain respects.

BACKGROUND1

Plaintiffs claim that they and all putative class members possess reversionary rights to property in King County, Washington underlying easements formerly held by the Burlington Northern and Santa Fe Railway Company (“Burlington Northern”). Pis.’ Mem. at 1, 4. Plaintiffs argue that absent operation of the Trails Act, the property underlying the railroad right-of-way would otherwise be “theirs to enjoy free of any easement.” Id. at 4. The railroad right-of-way formerly held by Burlington Northern totals 25.45 miles in length. Id. at 2. Burlington Northern obtained the easements and established the right-of-way from property owners in 1891. Id. The named plaintiffs have identified 1,110 parcels of land underlying the Burlington Northern easements that are held by more than 750 fee owners. Id.

“The Surface Transportation Board ... has authority to regulate the construction, operation, and abandonment of most railroad lines in the United States.” Caldwell v. United States, 391 F.3d 1226, 1228 (Fed.Cir.2004). A railroad seeking to abandon part of its rail line is required to either (i) file a standard abandonment application, see 49 U.S.C. § 10903, or (ii) request an exemption from the Board. See 49 U.S.C. § 10502; see also Caldwell, 391 F.3d at 1228. “If the [Board] approves a standard abandonment application or grants an exemption and the railroad ceases operation, the [Board] relinquishes jurisdiction over the abandoned railroad right-of-way and state law reversionary property interests, if any, take effect.” Caldwell, 391 F.3d at 1228-29 (citing Preseault v. Interstate Commerce Comm’n, 494 U.S. 1, 6-8, 110 S.Ct. 914, 108 L.Ed.2d 1 (1990)).

The Trails Act provides an alternative to abandonment through a process known as “railbanking.” Specifically, Section 8(d) of the Trails Act allows a railroad to negotiate with a trail operator, whether it be a state, municipality, or private group, “to assume financial and managerial responsibility for the operation of the railroad right-of-way as a recreational trail.” Caldwell, 391 F.3d at 1229 (citing Preseault, 494 U.S. at 6-7, 110 S.Ct. 914); 16 U.S.C. § 1247(d). If and when the railroad and trail operator demonstrate a willingness to negotiate a trail use agreement, the Sui’face Transportation Board issues a notice allowing the railroad right-of-way to be “railbanked,” staying the abandonment process. Caldwell, 391 F.3d at 1229 (citing 49 C.F.R. § 1121.4). If the railroad and trail operator reach an agreement, the Board retains jurisdiction over the right-of-way for possible future use as a railroad and any “interim use [for trails] 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). Section 8(d) of the Trails Act effectively prevents the operation of state laws triggered by the abandonment of a property interest in land that would “result in [the] extinguishment of easements for railroad purposes and reversion of rights of way to abutting landowners.” Caldwell, 391 F.3d at 1229 (quoting Rail Abandonments — Use of Rights-of-Way as Trails, Ex Parte No. 274 (Sub-No. 13), 2 I.C.C.2d 591 at 596 (1986)).

The railbanking process typically begins either when a rail carrier files an application for abandonment or, as in this case, a request for an exemption. See 49 U.S.C. §§ 10903, 10502; Caldwell, 391 F.3d at 1230. If the railroad files a request for an exemption and [529]*529the Surface Transportation Board approves the request, the Board publishes a notice of exemption in the Federal Register stating the railway’s intent to abandon its rail line. See 49 C.F.R. § 1121.4(b); Caldwell, 391 F.3d at 1230. A potential trail operator may file a railbanking petition with the Board to prevent abandonment of the track and take advantage of the Trails Act. See 49 C.F.R. § 1152.29(a). If the petition meets certain criteria2 and, within ten days of the filing of the petition, the railroad communicates to the Board its willingness to negotiate with the petitioner, the Board will issue a Notice of Interim Trail Use or Abandonment (“NITU”). See 49 C.F.R. § 1152.29(b)(2), (d). The NITU allows the railroad to discontinue service and salvage its equipment without effecting an abandonment, and continues indefinitely to allow interim trail use of the right-of-way. See 49 C.F.R. § 1152.29(d)(1); Caldwell, 391 F.3d at 1230.

Burlington Northern filed a request for an exemption to abandon a portion of its rail-x’oad line that runs from milepost 11.25 to milepost 23.80 with the Surface Transportation Board on August 11, 2008. See Pis.’ Mem. at 2.

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Cite This Page — Counsel Stack

Bluebook (online)
89 Fed. Cl. 523, 2009 U.S. Claims LEXIS 315, 2009 WL 3152383, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haggart-v-united-states-uscfc-2009.