Federal Circuit - The FindLaw Federal Circuit Court of Appeals Opinion Summaries Blog

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.

Related Link: