No “Patch of Heaven” for This Flooded Plaintiff

No “Patch of Heaven” for This Flooded Plaintiff

Whether the flooding of private land results in a judgment of Fifth Amendment taking in the United States Court of Federal Claims depends on what evidence the Plaintiff offers to prove that the Government caused the flooding. The taking case brought by Ministerio Roca...
A Case of Mistaken Identity in a Rails-to-Trails Case

A Case of Mistaken Identity in a Rails-to-Trails Case

William C. Hardy and Bertie Ann Hardy own eleven of 156 parcels included in a request to abandon a rail line in Newton County, Georgia submitted by the Central of Georgia Railroad to the Surface Transportation Board. Unfortunately, the Railroad had mistakenly...
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 Referred to simply as “Section 1500” by seasoned practitioners, the provision has been called “outdated and ill-conceived,” “an anachronism,” and “an...