Toews v. United States

ELR Citation: ELR 20052
No(s). 03-5129 (Fed. Cir. Jul 21, 2004)

The Federal Circuit affirmed a lower court decision that a taking occurred when a property owner's interest in an unused railroad easement was converted to a public recreation trail under the Rails-to-Trails Act without just compensation. Under the shifting use rule as applied in California, a publi...