Moore v. United States

42 Fed. Cl. 595, 1998 U.S. Claims LEXIS 304, 1998 WL 905216
United States Court of Federal Claims·Decided December 23, 1998·No. No. 93-134L·Published·Cited by 3 cases

Opinion

ORDER

BRUGGINK, Judge.

This is a class action brought by persons claiming that their rights to recovery of lands underlying an abandoned railroad track were taken by the United States without compensation when it permitted interposition of a recreational trail used by the general public. Pending is a motion by plaintiffs for clarification of the class certification order. As explained by the court during oral argument, and as plaintiffs agreed, the motion is more properly treated as one for leave to amend the complaint to include additional plaintiffs as part of their class.1 As is often the case [596]*596with an amendment to add parties, the real issue is the bar of the limitations period, in this ease, six years. See 28 U.S.C. § 2501 (1994). The motion has been fully briefed and oral argument was held before the court on December 8, 1998. Familiarity with the prior opinion is assumed. See Moore v. United States, 41 Fed.Cl. 394 (1998). For the reasons stated below, the motion to amend the complaint is denied.

BACKGROUND

The current class includes owners of property traversed by the Katy Trail, a recreational trail, between Machens and Sedalia, Missouri (“Machens-Sedalia Segment”). That certification arose in the following way. On March 5, 1993, plaintiffs filed their complaint in this court seeking compensation under the Fifth Amendment for property taken by the federal government. The plaintiffs based their takings claim on two government actions: (1) the Interstate Commerce Commission (“ICC”)2 decision of March 6, 1987 authorizing the abandonment of the Ma-chens-Sedalia Segment of the Missouri-Kansas-Texas (“MKT”) railroad and its use as a public recreation trail; and (2) the ICC order of April 22,1987 authorizing the issuance of a certificate of interim trail use (“CITU”) for the Machens-Sedalia Segment.3

Along with their complaint, plaintiffs filed a motion to certify a class action. In their motion, plaintiffs identified the class as those owners whose property has been taken as a result of the MKT railroad right of way being converted into a recreation trail from “St. Charles and Sedalia, Missouri.” The matter was stayed pending a decision by the Federal Circuit Court of Appeals in Preseault v. United States, 100 F.3d 1525 (Fed.Cir.1996) (en banc).

On July 2, 1998, this court issued a decision granting plaintiffs’ motion to certify this as a class action. In its opinion, the court referred to plaintiffs as those owners whose property is “traversed by the Katy Trail, a recreational trail located between Machens and Sedalia, Missouri,” Moore, 41 Fed.Cl. at 396, and it stated that the “class shall consist of landowners whose property is burdened by the Katy Trail.” Id. at 400.

Unbeknownst to counsel, on May 13, 1988, the ICC, ruling on a separate abandonment application, had authorized the abandonment of the Sedalia-Clinton Segment of the MKT railroad line. Although the ICC found that the corridor was suitable for other public use, no party had applied for a public use condition at that time. In October of 1990, the Missouri Pacific Railway Company (“MP”), a successor in interest to MKT, and the Missouri Rail Trail Foundation (“MRTF”) jointly petitioned the ICC to reopen proceedings on the Sedalia-Clinton Segment. Finding it still had jurisdiction over the matter because the railroad line was still intact, the ICC reopened the proceedings and issued a CITU on April 18, 1991, allowing MP to negotiate with MRTF for interim trail use of the corridor.4

The original plaintiffs’ theory is that a taking occurred when the ICC authorized the conversion of the right of way to trail use and then issued the CITU for the Machens-Sedalia segment on April 22,1987. Plaintiffs made no mention of the ICC’s actions regarding the Sedalia-Clinton Segment in their amended complaint. As counsel for plaintiffs candidly conceded during oral argument, counsel did not learn of the Missouri Department of Natural Resources’ (“MDNR”) plan to extend the trail from Sedalia to Clinton, Missouri until recently. It was not counsel’s intention, at the time of the original filings, to include those additional owners of proper[597]*597ty traversed by the Sedalia-CIinton Segment of the Katy Trail. Those individuals, in other words, were not inadvertently excluded.

DISCUSSION

RCFC 15(a) permits a party to amend its pleading after a response is served only by leave of court, but that “leave shall be freely granted.” The difficulty, or futility, of allowing leave in this case is that the limitations period for the movants ran in 1997.5 They thus must rely on relation back of their cause of action to the original date of filing for the current class, in 1993.

Whether amendment would be futile, i.e., whether the claims of the new plaintiffs relate back, in turn depends on whether “the claim or defense asserted in the amended pleading arose out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading, the amendment relates back to the date of the original pleading.” RCFC 15(c).6 The putative class members argue that their claims meet the transaction or occurrence test because they involve the same railroad line, the same federal statute, and same state property law as those of the original complaint, as amended, and thus get the benefit of the original filing date. We disagree for two reasons.

The Court of Claims held that a claim arises out of the same conduct, transaction, or occurrence as set forth in the original pleading if “the general fact situation or the aggregate of the operative facts underlying the claim for relief in the first petition gave notice to the government of the new matter.” Vann v. United States, 190 Ct.Cl. 546, 557, 420 F.2d 968, 974 (1970); see also Snoqualmie Tribe v. United States, 178 Ct.Cl. 570, 587-88, 372 F.2d 951, 959-61 (1967). The court in Vann found it dispositive that the amendment purported to add only additional damages arising out of the same contract claim. The court treated the contract, the dispute at the administrative level, and the appeal to the board of contract appeals as all of one piece.

The Vann case did not involve an attempt to add new plaintiffs. But the general inquiry — whether the government was on notice of the substance of the claim — would appear to be controlling. This is borne out by the comments to Federal Rule 15. The commentary focuses on adding defendants, stating that the key issue is one of notice:

if, within the applicable limitations period, the party brought in by amendment, first, received such notice of the institution of the action — the notice need not be formal — that he would not be prejudiced in defending the action, and, second, knew or should have known that the action would have been brought against him initially had there not been a mistake concerning the identity of the proper party.

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Moore v. United States, 42 Fed. Cl. 595, 1998 U.S. Claims LEXIS 304, 1998 WL 905216 (uscfc 1998).

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