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Georgia Rails-to-Trails Takings Win Rolled Back on Appeal

July 15, 2020, 10:36 PM

The federal government will get a second chance to prove that a 2013 notice of interim trail use (NITU) or abandonment for a 15-mile stretch of railway in Georgia didn’t amount to a temporary taking from adjacent property owners without just compensation, the Federal Circuit said Wednesday.

A NITU isn’t a taking if a rail company wouldn’t have abandoned its line during the notice period had the particular notice not been issued, Judge Kara F. Stoll said for the U.S. Court of Appeals for the Federal Circuit.

But neither the trial court nor the parties addressed whether the Central of...

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