No. 20-1235

Burgoyne, LLC v. Chicago Terminal Railroad Company, et al.

Lower Court: Illinois
Docketed: 2021-03-08
Status: Denied
Type: Paid
Response Waived
Tags: due-process easement-termination national-trails-system-act property-rights state-court-split state-courts surface-transportation-board takings takings-claim
Key Terms:
Arbitration Takings FifthAmendment Privacy
Latest Conference: 2021-04-30
Question Presented (AI Summary)

Whether the National Trails System Act precludes state courts from resolving competing claims to property rights

Question Presented (OCR Extract)

QUESTIONS PRESENTED Petitioner owns a parcel of land in Chicago, Illinois. Chicago Terminal Railroad formerly had the right to operate a portion of rail line subject to a conditional easement over a portion of Petitioner's property. The easement terminated according to its terms. Nevertheless, Chicago Terminal Railroad entered into an agreement with the City of Chicago to receive compensation for the terminated easement pursuant to The National Trails System Act. There is an irreconcilable split between state courts regarding whether the Surface Transportation Board can convert an expired easement by compensating the railroad, which holds no valid title, for access to create a recreational trail, a purpose not permitted by the easement’s terms. The questions presented are: 1. Whether the National Trails System Act, 16 U.S.C. § 1241 et seq., precludes state courts from resolving, for purposes of state property law, competing claims to property rights. 2. Whether Congress intended to create a massive takings scheme when it enacted the National Trails System Act.

Docket Entries

2021-05-03
Petition DENIED.
2021-04-14
DISTRIBUTED for Conference of 4/30/2021.
2021-03-08
Waiver of right of respondent City of Chicago to respond filed.
2021-03-01
Petition for a writ of certiorari filed. (Response due April 7, 2021)

Attorneys

Burgoyne, LLC
George S. BellasBellas & Wachowski, Petitioner
City of Chicago
Benna Ruth SolomonCorporation Counsel of the City of Chicago, Respondent