Ladd v. US, 10-5010 - Federal Circuit
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Ladd v. US, 10-5010

Compensable taking claim against the United States

Ladd v. US, 10-5010, concerned a challenge to an order of the Court of Federal Claims granting summary judgment that no compensable taking occurred when the Department of Transportation's Surface Transportation Board (STB) issued a Notice of Interim Trail Use or Abandonment (NITU) concerning an easement over plaintiff's land.

In reversing, the court held that,  because a takings claim accrues on the date that a NITU issues, events arising after that date, including entering into a trail use agreement and converting the railway to a recreational trail, cannot be necessary elements of the claim, and thus, it is irrelevant that no trail use agreement has been reached and that no recreational trail has been established.

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