Moore v. United States

54 Fed. Cl. 747, 2002 U.S. Claims LEXIS 358, 2002 WL 31889318
CourtUnited States Court of Federal Claims
DecidedDecember 19, 2002
DocketNo. 93-134 L
StatusPublished
Cited by11 cases

This text of 54 Fed. Cl. 747 (Moore 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
Moore v. United States, 54 Fed. Cl. 747, 2002 U.S. Claims LEXIS 358, 2002 WL 31889318 (uscfc 2002).

Opinion

OPINION

BRUGGINK, Judge.

This is a class action in which the plaintiff class members seek' compensation for the imposition of an easement for recreational trail use on their land. The court has previously ruled that the government did in fact take such an easement without compensation. Glosemeyer v. United States, 45 Fed.Cl. 771 (2000) (including the consolidated case of Moore v. United States, No. 93-134L). Because nearly 300 landowners opted into the class, the parties agreed to identify categories of property. The court could then determine compensation for a representative parcel from each category, in hopes that the parties could apply this ruling to the remaining parcels. Consequently, trial was conducted in St. Louis, Missouri from November 12 through 22, 2002 on thirteen representative parcels. At the conclusion of trial, the court issued a bench ruling. What follows is a heavily-edited version of that ruling.

DISCUSSION

At issue is the appropriate compensation for easements imposed on the respective parcels when the United States precluded plaintiffs from reclaiming control over the surface of their property upon what would otherwise have been the abandonment of a pre-existing railroad easement supporting the Missouri-Kansas-Texas (MKT) rail line. The circumstances of that abandonment and the subsequent imposition, through Congressional action, of the Katy Trail — now operated by the State of Missouri Department of Natural Resources (MDNR), is set out at Glosemeyer, 45 Fed.Cl. 771.

Before assessing the testimony and exhibits, we note at the outset that the parties and the court conducted a site visit of the representative parcels. That inspection was very helpful in giving context to the other evidence. The following facts were obvious from the inspection.

For a substantial majority of its length, the Katy Trail, like the old rail bed, follows the [749]*749course of the Missouri River. The course apparently attempts to take advantage of the pancake-flat terrain of the river’s flood plain, while at the same time minimizing the risk of flooding by occupying the plain’s extreme northern edge. On that edge, it typically bumps abruptly up against a bluff marking the beginning of hilly terrain. The bluff varies in height from negligible in a few places to a steep, sharp edge, 100 feet high. At most places it appears to be at least 40 to 50 feet high.

Because for most of its length the trail runs through flood plain, it is typically elevated on a substantial berm, composed of hard fill. In some places the elevation difference was substantial, perhaps ten or fifteen feet. Frequently it is paralleled by a ditch on one or both sides. Though the trail starts in the highly urbanized suburbs of St. Louis, it runs through agricultural land for most of its length.

In some cases, the trail bisects land owned by one of the plaintiffs. In many places, the Katy Trail follows a path very close to state Highway 94. On occasion, the road and the trail or a stream and the trail both bisect the same parcel. The trail, therefore, varies in the degree to which it creates a physical impediment to a vehicle wishing to go across from one adjoining parcel to another. In some places, crossing could be extremely difficult, but in most places it would be relatively easy. The evidence at trial was that the MDNR will permit adjoining agricultural users to establish regular crossing points. Many such agricultural crossings were apparent. Upon payment of a modest fee, MDNR would also permit new crossings in residential areas.

The parties offered both fact and expert witnesses to present their competing views as to the value of the easement taken. The court begins by discussing the experts and their reports. Edward Dinan testified on behalf of plaintiffs and Kevin Nunnink testified on behalf of the government. While both experts are plainly highly qualified to give expert evidence on valuation, for reasons set out below, the court concludes that, with one significant exception, it found Mr. Nunnink’s overall approach and the particulars of his appraisals more convincing. They were more usable to the court, more internally consistent and coherent, and fraught with fewer technical errors.

It is settled that a landowner claiming a physical, partial taking of property is entitled to the difference in value before and after the taking. In this case, each landowner suffered a partial taking in two senses. First, the new easement is less than the fee estate. Second, the new easement potentially negatively impacts a larger piece of land than the right of way itself. This is known as severance damage and constitutes a pedigreed element of compensation, assuming it can be proved. See Julius L. Sackman, Nichols on Eminent Domain § 16-3 — 16-7 (3d ed.). Both parties approached the calculation by considering each of these two elements. They thus made a “before and after” calculation — a determination of the fair market value of the entire affected parcel as if the easement did not exist and then another determination in light of the taking.

Though in agreement on the basics, the parties still disputed several particular points. First, Mr. Dinan’s appraisals valued each property as two separate parcels, the easement “corridor” and the remaining land, whereas Mr. Nunnink appraised the totality of the property as one parcel. Second, Mr. Dinan applied a “corridor factor” of 125% to the “before” value of the land underlying the right of way. Mr. Nunnink did not. Third, Mr. Dinan’s “after” calculation included no value for the land underlying the right of way. Mr. Nunnink, on the other hand, sometimes considered this land to have 50% of its value in the “after” calculation. Fourth, the experts disagree as to the actual .per acre valuation of the property. Finally, Mr. Dinan generally awarded severance damages and Mr. Nunnink generally did not. Each of these issues is dealt with in turn.

First, Mr. Dinan’s analysis treats the land underlying the right of way as if it is a distinct parcel with potentially a different highest and best use from that of the balance of the property. He thus calculated the per square foot or per acre value of this strip independently from the rest of the land. In his view, the highest and best use of the [750]*750parcel underlying the easement was as a corridor. Mr. Dinan has some experience in valuing corridors and he explained that the potential corridor could be used, for example, for light rail, fiber optic cable, or a gas pipeline. Because of this possibility, he first determined a value for the land in its natural condition, and then applied a 125% multiplier to account for the possibility of corridor use. Mr. Dinan on several occasions valued the right of way strip, prior to the adjustment factor, at a lower value than did Mr. Nunnink.

Mr. Nunnink, on the other hand, took a different approach and assumed that the right of way had the same highest and best use as the balance of the property. He thus calculated an overall “before” value as if the acreage underlying the right of way had the same value per square foot or per square acre as the rest of the property. He also contended that no upward adjustment was appropriate for the possibility that adjoining right of way parcels might be reassembled and used for a corridor. Ironically, many of his “before” values for this strip of land are higher than Dinan’s corridor-adjusted figures.

We agree with Mr.

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Cite This Page — Counsel Stack

Bluebook (online)
54 Fed. Cl. 747, 2002 U.S. Claims LEXIS 358, 2002 WL 31889318, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-united-states-uscfc-2002.