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Compensable taking claim against the United States
Ladd v. US, 10-5010, concerned a challenge to an order of the Court of Federal Claims granting summary judgment that no compensable taking occurred when the Department of Transportation's Surface Transportation Board (STB) issued a Notice of Interim Trail Use or Abandonment (NITU) concerning an easement over plaintiff's land.
In reversing, the court held that, because a takings claim accrues on the date that a NITU issues, events arising after that date, including entering into a trail use agreement and converting the railway to a recreational trail, cannot be necessary elements of the claim, and thus, it is irrelevant that no trail use agreement has been reached and that no recreational trail has been established.
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