Archive | Categorical Taking

Notice of “Rails to Trails” Constitutes a Taking

On May 29, 2020, the Federal Circuit Court o Appeals issued a decision in Caquelin v U.S., No. 19-1385 (Fed. Cir. 2020), which held that a categorical taking analysis applies to the evaluation of whether a Notice of Intended Trail use constitutes a taking. In the early development of our County, railroads were critical to development.  Development of railroad networks was very important.  So important, that railroads were given the power of eminent domain.  The railroads used the power to negotiate or take easements over private property for the use… read more

Posted in Categorical Taking, Rails-to-Trails
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