U.S., DEPT. OF INTERIOR v. 16.03 ACRES OF LAND

No. 1318, Docket 92-6201.

26 F.3d 349 (1994)

UNITED STATES of America, DEPARTMENT OF THE INTERIOR, Plaintiff-Appellant, v. 16.03 ACRES OF LAND, MORE OR LESS, LOCATED IN RUTLAND COUNTY, VERMONT; Walter B. Nelson; Mary E. Nelson, Husband and Wife; Treasurer Town of Shrewsbury, Vermont and Unknown Others, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 14, 1994.


Attorney(s) appearing for the Case

Jacques B. Gelin, Washington, DC (Robert L. Klarquist, on the brief), U.S. Dept. of Justice (Lois J. Schiffer, Acting Asst. Atty. Gen., Charles R. Tetzlaff, U.S. Atty., Christopher B. Baril, Asst. U.S. Atty., James B. Snow, Eric C. Olson and Michael M. Tiernan, of counsel), for plaintiff-appellant.

Peter W. Hall, Rutland, VT (Shannon A. Bertrand on the brief), for defendants-appellees Walter B. and Mary E. Nelson.

Before: WALKER and JACOBS, Circuit Judges, and CARMAN, Judge.


CARMAN, Judge:

I. Background

A. The National Trails System Act and Amendments

This appeal arises from a condemnation proceeding initiated by the Secretary of the Interior (Secretary) for the purpose of acquiring 16.03 acres of land in the Town of Shrewsbury, Vermont for the Appalachian National Scenic Trail (Appalachian Trail). The Appalachian Trail is one of several national scenic trails that Congress created under

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