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CAQUELIN v. U.S.

No. 2016-1663.

NORMA E. CAQUELIN, KENNETH CAQUELIN, FOR THEMSELVES AND AS REPRESENTATIVES OF A CLASS OF SIMILARLY SITUATED PERSONS, Plaintiffs-Appellees, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Decided: June 21, 2017.

Attorney(s) appearing for the Case

ELIZABETH MCCULLEY , Stewart Wald & McCulley, LLC, Kansas City, MO, argued for plaintiffs-appellees. Also represented by THOMAS SCOTT STEWART .

ERIKA KRANZ , Environment and Natural Resources Division, United States Department of Justice, Washington, DC, argued for defendant-appellant. Also represented by JOHN C. CRUDEN , KATHERINE J. BARTON , MATTHEW LITTLETON .

ROBERT THOMAS , Damon Key Leong Kupchak Hastert, Honolulu, HI, for amici curiae Southeastern Legal Foundation, Property Rights Foundation of America, Inc.

MARK F. HEARNE, II , Arent Fox, LLP, Clayton, MO, for amici curiae National Association of Reversionary Property Owners, National Cattlemen's Beef Association, Public Lands Council. Also represented by MEGHAN SUE LARGENT , LINDSAY S.C. BRINTON , STEPHEN SHARP DAVIS .

ANDREA CAROL FERSTER , Rails-to-Trails Conservancy, Washington, DC, for amicus curiae Rails-to-Trails Conservancy.

Before PROST, Chief Judge, TARANTO and HUGHES, Circuit Judges.

This opinion is nonprecedential.

This rails-to-trails case involves property owned by the Caquelins that, in 2013, was subject to a railroad-held easement limited to railroad use. The railroad or its predecessors had held the easement since 1870. It is undisputed that the easement would terminate when the railroad ceased using the...

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