59 F.4th 1339 (2023)

David H. BEHRENS, Arline M. Behrens, et al. Plaintiffs Mark W. Heintz, Helen M. Heintz, et al. Plaintiffs-Appellants v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: February 13, 2023.

Attorney(s) appearing for the Case

Thomas Scott Stewart , Stewart Wald & McCulley, LLC, Kansas City, MO, argued for plaintiffs-appellants. Also represented by Elizabeth McCulley , Reed Ripley.

John Luther Smeltzer , Appellate Section, Environment & Natural Resources Division, United States Department of Justice, Washington, DC, argued for defendant-appellee. Also represented by Todd Kim , Erika Kranz , William B. Lazarus.

Mark F. Hearne, II , True North Law Group, LLC, St. Louis, MO, for amicus curiae James W. Ely, Jr. Also represented by Stephen S. Davis.

Meghan S. Largent , Lewis Rice LLC, St. Louis MO, for amicus curiae Missouri Farm Bureau Federation. Also represented by Michael Armstrong , Lindsay Brinton.

Before Dyk, Taranto, and Hughes, Circuit Judges.

Appellants are property owners seeking compensation for an alleged taking pursuant to the National Trails System Act ("Trails Act"), Pub. L. No. 90-543, 82 Stat. 919 (1968) (codified as amended at 16 U.S.C. §§ 1241-51). The issuance of a Notice of Interim Trail Use ("NITU") allowing interim trail use and railbanking...

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