Ellamae Phillips Co. v. United States

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that if the railroad company owned only an easement, the Court must determine whether the terms of the easements are limited to use for railroad purposes, or whether the terms include use as a public recreational trail
• referring to the Supreme Court decision, 494 U.S. 1 , 110 S.Ct. 914 , 108 L.Ed.2d 1 , as \ Preseault I \ and this court's opinion, 100 F.3d 1525 , as \ Preseault II \
• stating that, first, the Court must determine who owned the land at issue at the time of the takings, and specifically, whether the railroad company owned the land in fee simple or held only an easement (citing Preseault v. United States, 100 F.3d 1525, 1533 (Fed. Cir. 1996
• outlining the determinative issues for takings liability
• outlining the determinative issues for takings liability

Source: CourtListener parenthetical corpus (CC0).