Eminent Domain, Exactions, and Railbanking: Can Recreational Trails Survive the Court’s Fifth Amendment Jurisprudence

Abstract

This article takes a close look at recreational trails (rail-trails as well as trails under the National Trails System Act) in light of recent takings jurisprudence, local land use regulations, state restrictions on land use requirements, and the plight of exactions in constitutional jurisprudence.

Keywords: Railbanking, Railroads, Property, Eminent Domain, Exactions, Land Use