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ROGERS v. U.S.

No. SC14-1465.

184 So.3d 1087 (2015)

Stephen J. ROGERS, et al., Appellants, v. The UNITED STATES of America, Appellee.

Supreme Court of Florida.

November 5, 2015.

Attorney(s) appearing for the Case

Mark F. (Thor) Hearne, II of Arent Fox, LLP, Clayton, MO; Andrew Prince Brigham of Brigham Property Rights Law Firm, Jacksonville, FL; Raoul G. Cantero, III and David P. Draigh of White & Case LLP, Miami, FL; and James W. Ely, Jr. , Professor Emeritus, Vanderbilt University, Nashville, TN, for Appellants.

John C. Cruden , Assistant Attorney General, and Lane N. McFadden , Appellate Attorney, United States Department of Justice, Washington, DC; and Michael T. Gray , Appellate Attorney, United States Department of Justice, Jacksonville, FL, for Appellee.

Major Best Harding , James Harold Thompson , and Robert Neil Clarke, Jr. of Ausley & McMullen, P.A., Tallahassee, FL; and Kim Rice Bongiovanni , Assistant General Counsel, CSX Transportation, Inc., Jacksonville, FL, for Amicus Curiae CSX Transportation, Inc.

Robert W. Goldman of Goldman Felcoski & Stone, P.A., Naples, FL, for Amicus Curiae The Real Property, Probate & Trust Law Section of The Florida Bar.

Matthew Zane Leopold , General Counsel, Craig Deron Varn , General Counsel, Ronald Elliot D. Potter , Senior Assistant General Counsel, and Sarah Meyer Doar , Senior Assistant General Counsel, Florida Department of Environmental Protection, Tallahassee, FL, for Amicus Curiae Board of Trustees of the Internal Improvement Trust Fund.

Kenneth Bradley Bell , Amy Brigham Boulris , and Lauren Vickroy Purdy of Gunster Yoakley & Stewart, P.A., Tallahassee, FL, for Amici Curiae Alabama & Gulf Coast Railway, LLC, The Apalachicola Northern Railway, LLC, The Bay Line Railroad, LLC, The First Coast Railroad, Inc., The Florida Central Railroad Company, Inc., Florida East Coast Railway, LLC, The Florida Midland Railroad Company, Inc., The Florida Northern Railroad Company, Inc., Georgia Southern and Florida Railway Company, Seminole Gulf Railway, LP, and The Talleyrand Terminal Railroad Company, Inc.

Alexandra Jennifer Overhoff , Tallahassee, FL, for Amicus Curiae Florida Land Title Association.

Marc Allen Peoples , Assistant General Counsel, Florida Department of Transportation, Tallahassee, FL, for Amicus Curiae Florida Department of Transportation.

Pamela Jo Bondi , Attorney General, Allen C. Winsor , Solicitor General, and Rachel Erin Nordby , Deputy Solicitor General, Tallahassee, FL, for Amicus Curiae State of Florida.

Under the authority of article V, section 3(b)(6) of the Florida Constitution, the United States Court of Appeals for the Federal Circuit has certified to this Court a question of Florida law which the Court of Appeals found would be determinative of an appeal pending in that court and upon which that court found there to be "no controlling...

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