1. Home
  2. Browse Decisions
  3. F.3d
  4. 376 F.3d
  5. 376 F.3d 1371 (2004)
 

TOEWS v. U.S.

No. 03-5129.

376 F.3d 1371 (2004)

Menno TOEWS, Evelyn Toews, and Norman Meachum, Plaintiffs-Appellees, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

July 21, 2004.

Attorney(s) appearing for the Case

Robert J. Rosati, of Fresno, CA, argued for plaintiffs-appellees.

John L. Smeltzer, Attorney, Environment & Natural Resources Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant. With him on the brief were Thomas A. Sansonetti, Assistant Attorney General, William J. Shapiro and Katherine J. Barton, Attorneys. Of counsel on the brief was Evelyn Kitay, Office of the General Counsel, Surface Transportation Board, of Washington, DC. of counsel was Kelly A. Johnson, Deputy Assistant Attorney General.

Kevin M. Sheys, Kirkpatrick & Lockhart LLP, of Washington, DC, for amicus curiae Rails-to-Trails Conservancy. Of counsel on the brief was Janie C.I. Sheng.

Before BRYSON, Circuit Judge, PLAGER, Senior Circuit Judge, and LINN, Circuit Judge.

PLAGER, Senior Circuit Judge.

This is a takings case, requiring us to address the impact of the Rails-to-Trails program on the affected landowners. Plaintiffs Menno and Evelyn Toews and Norman Meachum are California property owners who own fee simple interests in segments of an unused railroad right of way. The right of way has been converted to a public recreational trail under the authority of federal legislation known as the Rails-to-Trails Act.

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases