Does the Rails-to-Trails Act Effect a Taking of Property?

Twenty years after Congress enacted legislation, commonly known as the Rails-to-Trails Act, which has resulted in the creation of more than 11,000 recreational trails in the United States, the difficult and often litigated question of whether the Act can effect a taking for which the Unites States must pay compensation has not yet been definitively resolved by any court decision. This paper argues that the courts are wrong in holding that the Rails-to-Trails Act can sometimes affect a taking and are wrong that the taking issue turns on issues of state property law.

Language

  • English

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Filing Info

  • Accession Number: 01001047
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Jun 10 2005 9:42AM