Illig v. Union Electric Co.
2011 U.S. App. LEXIS 18173
| 8th Cir. | 2011Background
- Illig challenged Union Electric's use of Illig's land after Missouri Pacific's rail line was converted under the Trails Act to a public trail; the STB issued a NITU in 1992, permitting interim trail use/rail banking and signaling possible abandonment.
- Missouri Pacific held a right-of-way easement for railroad purposes over Illig's property and had licensed Union to install electrical lines along that right-of-way since 1972.
- Missouri Pacific sought abandonment in 1992 and published notices; Trailnet engaged with the STB, leading to a NITU on March 25, 1992.
- On December 30, 1992, Missouri Pacific sold its right-of-way to Trailnet and quitclaimed its interests to Trailnet; the deed was recorded January 6, 1993.
- Illig sued in 1998 for a Fifth Amendment taking and then asserted inverse condemnation and trespass claims in 2002 in federal court after removal; the district court held the claims time-barred.
- The district court held accrual occurred on March 25, 1992 (NITU), and the license terminated when the NITU was issued, triggering Missouri Pacific's loss of rights and Illig's potential claims have since expired.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| When did Illig's claims accrue? | Illig argue accrual upon termination of license (March 25, 1992) | Union contend accrual upon termination of license no earlier than quitclaim (1993) | Accrual occurred by March 25, 1992; claims time-barred |
| Does continuing trespass toll the five-year limit? | Illig seeks continuing trespass for ongoing damages | Illig failed to allege continuing trespass; not repeated to trigger tolling | No continuing trespass; five-year limit applicable; barred |
| Does the license vs. easement distinction affect accrual? | Union's license remained valid for railroad purposes | NITU effectively terminated license for railroad purposes | NITU terminated license as of March 25, 1992; accrual earlier |
Key Cases Cited
- Shade v. Mo. Highway & Transp. Comm'n, 69 S.W.3d 503 (Mo.Ct.App.2001) (ten-year inverse condemnation; damages accrual when ascertainable)
- Cook v. DeSoto Fuels, Inc., 169 S.W.3d 94 (Mo.Ct.App.2005) (trespass accrual when damage ascertainable; continuing-trespass concept)
- Caldwell v. United States, 391 F.3d 1226 (Fed.Cir.2004) (taking accrues on NITU issuance under Trails Act)
- St. Louis, I.M. & S. Ry. Co. v. Cape Girardeau Bell Tel. Co., 114 S.W.586 (Mo.App.1908) (license may be used for railroad purposes; license dependent on railroad use)
- Eureka Real Estate & Inv. Co. v. S. Real Estate & Fin. Co., 200 S.W.2d 328 (Mo.1947) (easement licensing constraints; license to use easement for railroad purposes)