Analyze Rails-to-Trails Takings Claims On Case By Case Basis

Wednesday, June 05, 2013 12:00 am
Land Use Law Report, Volume 41, Number 6

            The conversion of a railway to a trail under the federal Rails-to-Trails Act is not a per se taking and, instead, must be evaluated on the right-of-way’s particular facts.

Facts: In 1886, the federal government granted a right-of-way for a railroad corridor to a railroad company, pursuant to 43 U.S.C. §§ 934-939 (the Act). Plaintiff Ellamae Phillips Co. (Phillips) now owns the property crossed by that railroad corridor, near Aspen, Colorado. That property was conveyed by federal patent deed to a private party in 1923 and acquired by the Phillips family a few years later. The railroad corridor was in use until the 1980s. In 1998, the Roaring Fork Railroad Holding Authority converted the corridor to a bike path pursuant to the Rails-to-Trails Act, 16 U.S.C. §§ 1241-1251. In 2004, Phillips sued the United States, alleging that the railroad corridor’s conversion to a recreational bike trail constituted a Fifth Amendment taking. Both parties move[..]


Dear Valued Customers,

We regret to announce that ProEdTech LLC and all its affiliate brands will cease operations on April 1, 2019.

We are no longer able to fulfill online orders. We will fullfill all DVD and book orders already placed.

Customers of canceled webinars and subscription products may request a refund at (800) 223-8720 or You must do so by April 1, 2019.

Thank you for your business and loyalty over the years. We sincerely apologize for any inconvenience caused.

Best regards,
The ProEdTech Team