RASMUSON v. U.S.

Nos. 2014-5089, 2014-5092, 2014-5107.

807 F.3d 1343 (2015)

Mark R. RASMUSON, Brenda S. Rasmuson, Iva Miller, Martin Meier, David A. Just, Carolyn J. Just, Delton Dixon, Pleasant Valley Golf Club, Inc., Robert Aastrup, Donald Taylor, Betty Taylor, Dorothy M. Johnson, Rex Engebretson, Jurgens Farms Corp., Dean Jurgens, Schumacher Farms, Inc., Thomas Floy, Richard Stille, Curtis Stille, Pamela Stille, Plaintiffs-Appellees v. UNITED STATES, Defendant-Appellant. Wilma N. Adkins, Howard Burrows, Gonner Farm, LLC, Jan Rose Farm, Inc., James A. Harp, Clayton Lindstrom and Gayle Lindstrom, Husband and Wife, Boyce L. Lange, Trustee, Frank Martin, David Chongo and Christine Chongo, Husband and Wife, Ronald Pinyan, Todd Maurice Johnson, Curtis Mennenga, Trustee, Hope Church of the Nazarene, Rodney Knox and Pamela Knox, Husband and Wife, Ronald Gaulke and Karen Gaulke, Husband and Wife, Sharon Burt, Thomas Blake, Merrill Goering and Linda Goering, Husband and Wife, James A. Brady and Patricia A. Brady, Husband and Wife, David F. Johnson, Mellissa S. Chappelle, Dale Barrett and Kathleen Barrett, Husband and Wife, Ronnie L. Smith and Deborah A. Smith, Husband and Wife, David E. Brooner and Cynthia L. Brooner, Husband and Wife, Doug Schmeling, John T. Curphey, for Themselves and as Representatives of a Class of Similar Persons, Plaintiffs-Appellees, v. United States, Defendant-Appellant. Steve Jenkins, Donald Burg, Plaintiffs-Appellees, v. United States, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

October 5, 2015.


Attorney(s) appearing for the Case

Thomas Scott Stewart , Stewart Wald & McCulley, LLC, Kansas City, MO, argued for plaintiffs-appellees.

Matthew Littleton , Environment and Natural Resources Division, United States Department of Justice, Washington, DC, argued for defendant-appellant. Also represented by Katherine J. Barton , Sam Hirsch.

Before O'MALLEY, CLEVENGER, and HUGHES, Circuit Judges.


In these Rails-to-Trails cases, the Court of Federal Claims found that the plaintiff-landowners were entitled to just compensation for the inverse condemnation of their respective properties. In awarding compensation to the landowners, the Court of Federal Claims determined that an appraiser is not required to take into account...

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