Taking Claim Dismissed for Property Owner’s Misconduct

Taking Claim Dismissed for Property Owner’s Misconduct

Paul and Ann Nix own real property next to a railroad line in Marion and Hamilton Counties, Indiana. Following the conversion of the railroad line into a recreational trail under the National Trail Systems Act, they brought a rails-to-trails taking suit against the...
Procedural Trap for the Unwary Taking Litigant

Procedural Trap for the Unwary Taking Litigant

Few procedural rules facing litigants in the U.S. Court of Federal Claims are as badly maligned as 28 U.S.C. § 1500. Referred to simply as “Section 1500” by seasoned practitioners, the provision has been called “outdated and ill-conceived,” “an anachronism,” and “an...