Case Summary
Issue:
Whether just compensation must be paid to a property owner when a former railroad easement is converted to a trail?
Plaintiff:
Jayne and Maurice Glosemeyer
Defendant:
United States of America
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Case History
The Glosemeyersâ family farm near Marthasville, Missouri, is traversed by a 12-acre easement formerly occupied by the Missouri-Kansas-Texas (MKT) Railroad. The State of Missouri constructed a bicycle path along the easement, preventing the railroad easement from reverting to the Glosemeyers.
On March 4, 1993, MSLF filed a complaint on behalf of the Glosemeyers, seeking just compensation. The case was on hold pending the resolution of a similar case, Preseault v. State of Vermont, in the Federal Circuit. When Preseault was favorably resolved, the Glosemeyersâ suit resumed.
On January 14, 2000, after prolonged discovery, lengthy briefings, and oral arguments, the court ruled that the Glosemeyer’s property had been taken without “just compensation”. “Rights in private property are more durable than the current majority’s notion of what constitutes a worthy cause,” ruled the court.
