Personal Liberties

Brott v. United States

Jury trial sought in rails-to-trails regulatory takings case

Kevin Brott owns land in Muskegon, Michigan. In 1886, a railroad obtained a right-of-way easement across his land. When the railroad ceased operation, the easement terminated and full ownership of the land returned to the owner. The federal government, however, invoking the National Trails System Act and related regulations, nullified Brott’s right to his land and encumbered it with a new easement for a public recreational trail under the perpetual jurisdiction of a federal agency. Brott sued for compensation in the district court in Michigan and requested a jury to determine the amount. The court refused to hear his case and sent him to the Court of Federal Claims, an executive-branch court that does not allow jury trials. PLF supports Brott as amicus curiae.

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