Carolina Plating Works, Inc. v. United States, 102 Fed. Cl. 555 (Fed. Ct. Cl. 2011)

(competing summary judgment motions regarding the amount of just compensation required to be paid for property takings as a result of Rails-to-Trails-Act; railroad sought permission to abandon line, but instead sold line to another party; a Notice of Interim Trail Use was issued and party entered into a trail use agreement shortly thereafter; class-action brought by property owners for compensation; government stipulated taking did occur; plaintiffs argued that under state law easement would have been abandoned and property regained by owner, so compensation would be value of property unencumbered by easements versus value with perpetual trail easement; government argued easement never abandoned so damages determined by difference between value of property subject to rail easement versus trails easement; summary judgment denied; state law requires railroad to take external actions to show intent to abandon easement and question of fact remained regarding whether abandonment occurred).