Preseault v. United States

ELR Citation: ELR 20349
No(s). 93-5067, -5068 (Fed. Cir. Nov 5, 1996)

The court holds that under Vermont law, a Rails-to-Trails Act conversion of an abandoned railroad right-of-way to a public recreational hiking and biking trail is a taking of the underlying fee simple estate. The court first holds that the trial court was correct in finding that the 1899 transfers o...