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BARCLAY v. U.S.

No. 04-1119-WEB.

351 F.Supp.2d 1169 (2004)

John and Constance BARCLAY; Royer and Althea Barclay; John Amos; Marcia J. Bacon; Ronald J. Bartel; Melvin Bergen; John E. Boyle; Jonathan and Florence Ehrlich; Donald Graumann; Ruben Kliewer; Alvin and Barbara Kroupa; Burdett Ledell; Lee Dale Miller; Vernon Minns; Frank A. Mitchell; Mid Kansas Cooperative Association; John F. Opat; Robert Presnell; Janet and Sonja Regier; Don and Janice Reinhardt; Mary J. Rodgers; Darrell Thompson; Robert Turner; Geneva and Donald Turnquist; Clark E. Wiebe; and Marlene J. Weber, Plaintiffs, v. The UNITED STATES of America, Defendant.

United States District Court, D. Kansas.

December 29, 2004.

Attorney(s) appearing for the Case

Cecilia Fex, Elaine A. Panagakos, Ackerson, Kauffman and Fex, PC, Washington, DC, Jeffrey R. Emerson, Foulston, Conlee, Schmidt & Emerson, LLP, Wichita, KS, for Plaintiffs.

G. Evan Pritchard, U. S. Department of Justice, Washington, DC, for Defendant.

Memorandum and Order

WESLEY E. BROWN, Senior District Judge.

The plaintiffs allege that they are fee simple owners of properties in Kansas which are subject to easements for railroad purposes. According to the complaint, these railroad rights-of-way have now been converted to recreational trial use pursuant to a federal "rails to trails" statute.1 Plaintiffs claim the conversion constitutes a taking of their property for public...

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