Whispell Foreign Cars, Inc. v. United States

106 Fed. Cl. 635, 2012 U.S. Claims LEXIS 1004, 2012 WL 3591096
United States Court of Federal Claims·Decided August 22, 2012·No. No. 09-315 L·Published·Cited by 4 cases

Opinion

OPINION

HEWITT, Chief Judge.

I. Introduction

This is a rails-to-trails case brought by Whispell Foreign Cars, Inc., et al. (plaintiffs). Plaintiffs claim that the government effected a taking of their property when it converted a railroad right of way to a trail pursuant to the National Trails System Act Amendments of 1983 (the Trails Act Amendments), Pub. L. No. 98-11, 97 Stat. 42, to the National Trails System Act (Trails Act), Pub. L. No. 90-543, 82 Stat. 919 (1968) (codified as amended at 16 U.S.C. § 1241 (2006)). Whispell Foreign Cars, Inc. v. United States (Whispell II), 100 Fed.Cl. 529, 531 (2011). The court previously resolved the liability claims of several plaintiffs. See Whispell Foreign Cars, Inc. v. United States (Whispell I), 97 Fed.Cl. 324 (2011); Whispell II, 100 Fed.Cl. 529. This opinion addresses damages with respect to one of the three claims remaining to be resolved: that of Lawrence C. Alton. With respect to Mr. Alton’s claim, the court previously held that Tampa & Gulf Coast Railroad Co. (individually and/or collectively with its successors, as the context requires, Tampa & Gulf Coast) held an easement across Mr. Alton’s property and that the easement did not encompass use as a recreational trail. See Whispell II, 100 Fed.Cl. at 540-41. The court has also recently held that Mr. Alton was the owner of the land underlying the railroad easement at the time of the taking and is therefore entitled to just compensation. See Whispell Foreign Cars, Inc. v. United States (Whispell III), 105 Fed.Cl. 596, 601-02 (2012). The parties now disagree as to the measure of just compensation owed to Mr. Alton for the taking of his property.

Before the court are the United States’ Motion for Partial Summary Judgment with Respect to the Alton Property and Memorandum in Support1 (defendant’s Motion or Def.’s Mot.), Docket Number (Dkt. No.) 105, filed October 26, 2011; the United States’ Proposed Findings of Uncontroverted Fact in Support of Motion for Partial Summary Judgment with Respect to the Alton Property, Dkt. No. 106, filed October 26, 2011; Plaintiffs’ Evidentiary Objection to and Motion to Strike the Declaration of Barbara League Filed with the Government’s Motion for Partial Summary Judgment on the Lawrence C. Alton Claim (plaintiffs’ Motion to Strike or Pis.’ Strike Mot.), Dkt. No. 114, filed November 14, 2011; Plaintiffs’ Responses and Objections to Defendant’s Proposed Findings of Uncontroverted Fact, Dkt. No. 115, filed November 14, 2011; Plaintiffis’] Cross-Motion for Partial Summary Judgment on the Appraisal Standard for Valuing the Property Taken from Lawrence C. Alton and Memorandum of Law in Support of Partial Summary Judgment and in Response to the Government’s Motion2 (plaintiffs’ Cross-Motion or Pis.’ Cross-Mot.), Dkt. No. 116, filed November 14, 2011; Plaintiffs’ Proposed Findings of Uncontroverted Fact in Support of Its Cross-Motion for Partial Summary [637]*637Judgment on the Lawrence C. Alton Claim, Dkt. No. 117, filed November 14, 2011; the United States’ Reply in Support of Motion for Partial Summary Judgment on the Alton Property and Opposition to Plaintiffs’ Cross-Motion and Motion to Strike the Declaration of Barbara League (Def.’s Reply), Dkt. No. 158, filed June 29, 2012; and Plaintiffs’ Combined Reply in Support of Their Cross-Motion for Partial Summary Judgment on the Claim of Lawrence C. Alton and Plaintiffs’ Reply in Support of Their Motion to Strike the Declaration of Barbara League, Dkt. No. 160, filed July 11, 2012.

II. Background

A. The Trails Act Amendments

In order to address the national problem of declining use of rail tracks and resulting removal of tracks, Congress enacted the Trails Act Amendments. See Preseault v. Interstate Commerce Comm’n (Preseault I), 494 U.S. 1, 5, 110 S.Ct. 914, 108 L.Ed.2d 1 (1990). The Trails Act Amendments authorized the Interstate Commerce Commission3 to “railbank” or preserve railroad rights of way not currently in use for rail service for possible future use by converting unused rights of way to recreational trails. Id. at 6, 110 S.Ct. 914; see 16 U.S.C. § 1241.

The Trails Act is subject to the Fifth Amendment Takings Clause and, when the government takes private property pursuant to the Trails Act, the government must provide just compensation. See Preseault I, 494 U.S. at 13, 16, 110 S.Ct. 914; Caldwell v. United States, 391 F.3d 1226, 1228-29 (Fed.Cir.2004). However, “only some rail-to-trail conversions will amount to takings,” Pre-seault I, 494 U.S. at 16, 110 S.Ct. 914, and only those individuals “with a valid property interest at the time of the taking are entitled to compensation,” Wyatt v. United States, 271 F.3d 1090, 1096 (Fed.Cir.2001); see Cienega Gardens v. United States, 331 F.3d 1319, 1328 (Fed.Cir.2003) (“For any Fifth Amendment takings claim, the complaining party must show it owned a distinct property interest at the time it was allegedly taken....”).

In a rails-to-trails takings case, a “taking occurs when, pursuant to the Trails Act, state law reversionary interests are effectively eliminated in connection with a conversion of a railroad right-of-way to trail use.” Caldwell, 391 F.3d at 1228. “The issuance of the [Notice of Interim Trail Use (NITU)] is the only government action in the railbanking process that operates to prevent abandonment of the corridor and to preclude the vesting of state law reversion-ary interests in the right-of-way.” Id. at 1233-34 (emphasis omitted); Ladd v. United States, 630 F.3d 1015, 1020 (Fed.Cir.2010).

B. Procedural History

In February 2011 the court issued an opinion (February 2011 Opinion) on the parties’ first cross-motions for summary judgment regarding the interests conveyed to Tampa & Gulf Coast by four conveyances — the Hayward, Ainsworth, Gilbart and Pancoast Conveyances (the Four Conveyances) executed in the early 1900s. See generally Whispell I, 97 Fed.Cl. 324. The court held that the Four Conveyances granted fee simple title to Tampa & Gulf Coast and, accordingly, granted summary judgment for the government with regard to the claims of those plaintiffs whose property interests, according to plaintiffs’ filings, were based on the Four Conveyances. Id. at 326-27, 345.

Plaintiffs subsequently moved the court to reconsider its February 2011 grant of summary judgment with respect to certain plaintiffs’ claims, contending that, in their previously filed sur-reply, they had changed them position regarding which conveyances were relevant to the court’s decision on plaintiffs’ claims. Whispell II, 100 Fed.Cl. at 535. Defendant, responding to plaintiffs’ motion for reconsideration, also changed its position with respect to which conveyances the court was required to interpret in order to decide [638]*638plaintiffs’ claims. Id.

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Whispell Foreign Cars, Inc. v. United States, 106 Fed. Cl. 635, 2012 U.S. Claims LEXIS 1004, 2012 WL 3591096 (uscfc 2012).

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