Case Summary
Issue:
Whether just compensation must be paid to property owners when a former railroad easement is converted to a recreational trail under the National Trails System Act, 16 U.S.C. § 1247(d)
Plaintiff:
Jayne and Maurice Glosemeyer
Defendant:
United States of America
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Case History
The Glosemeyers’ family farm near Marthasville, Missouri, includes a 12-acre easement that was originally used by the Missouri-Kansas-Texas (MKT) Railroad. After the railroad ceased operations, the State of Missouri constructed a bicycle path along the easement, preventing it from reverting to the Glosemeyers.
In 1986, the Glosemeyers filed a lawsuit seeking just compensation for the government’s use of their property. The case was stayed pending the resolution of a similar case, Preseault v. State of Vermont, in the Federal Circuit. Once Preseault was favorably resolved, the Glosemeyers’ suit resumed.
On May 10, 1988, the U.S. District Court for the Eastern District of Missouri ruled that Section 8(d) of the National Trails System Act, which authorizes the conversion of railroad easements to recreational trails, did not constitute a taking of the Glosemeyers’ property without just compensation. The court held that the Glosemeyers had an adequate legal remedy under the Tucker Act, 28 U.S.C. § 1491, to seek compensation in the Court of Federal Claims. Therefore, the court dismissed the case.
The Glosemeyers appealed the decision, but the Eighth Circuit Court of Appeals affirmed the district court’s ruling. The appellate court agreed that the Glosemeyers had an adequate remedy at law and that the conversion of the easement did not constitute a taking requiring just compensation.
