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GLOSEMEYER v. UNITED STATES
| Issue: |
Whether just compensation must be paid to a property owner when a former railroad easement is converted to a trail?
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| Plaintiff: |
Jayne and Maurice Glosemeyer
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| Defendant: |
United States of America
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| Court: |
U.S. Court of Federal Claims (No. 93-126)
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| Status: |
On December 19, 2002, the United States and the Glosemeyers settled the case; the Glosemeyers were awarded $200,000 as "just compensation" in January 2003. On March 17, 2004, MSLF was awarded $150,000 in attorneys' fees for winning the Glosemeyers' case, which MSLF received on April 8, 2004.
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| Next Event: |
None
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| History: |
The Glosemeyers’ family farm near Marthasville, Missouri, is traversed by a 12-acre easement formerly occupied by the Missouri-Kansas-Texas (MKT) Railroad. The State of Missouri constructed a bicycle path along the easement, preventing the railroad easement from reverting to the Glosemeyers. On March 4, 1993, MSLF filed a complaint on behalf of the Glosemeyers, seeking just compensation. The case was on hold pending the resolution of a similar case, Preseault v. State of Vermont, in the Federal Circuit. When Preseault was favorably resolved, the Glosemeyers’ suit resumed. On January 14, 2000, after prolonged discovery, lenthy briefings, and oral arguments, the court ruled that the Glosemeyer's property had been taken without "just compensation". "Rights in private property are more durable than the current majority's notion of what constitutes a worthy cause," ruled the court.
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