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CAQUELIN v. U.S.

2019-1385.

959 F.3d 1360 (2020)

Norma E. CAQUELIN, Plaintiff-Appellee v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Decided: May 29, 2020.

Attorney(s) appearing for the Case

Thomas Scott Stewart , Stewart Wald & McCulley, LLC, Kansas City, MO, argued for plaintiff-appellee. Also represented by Elizabeth McCulley ; Steven Wald , St. Louis, MO.

Erika Kranz , Environment and Natural Resources Division, United States Department of Justice, Washington, DC, argued for defendant-appellant. Also represented by Jeffrey B. Clark , Eric Grant .

Andrea Carol Ferster , Rails-To-Trails Conservancy, Washington, DC, for amicus curiae Rails-To-Trails Conservancy.

Meghan Sue Largent , LewisRice LLC, St. Louis, MO, for amici curiae Iowa Farm Bureau Federation, Illinois Agricultural Association, Kansas Farm Bureau, Missouri Farm Bureau Federation. Also represented by Lindsay Brinton .

Mark F. Hearne, II , True North Law Group, LLC, St. Louis, MO, for amici curiae National Association for Reversionary Property Owners, Cato Institute, Southeastern Legal Foundation, Reason Foundation, Inversecondemnation.com, James W. Ely, Jr. Also represented by Stephen S. Davis .

Before Prost, Chief Judge, Linn and Taranto, Circuit Judges.

Norma Caquelin owns land that was subject to a railroad-held easement limited to railroad use. The railroad applied to the federal Surface Transportation Board for permission to abandon its rail line, noting that it had run no traffic over the line for two years. Shortly thereafter, the Board granted the permission to abandon...

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