Whispell Foreign Cars, Inc. v. United States
100 Fed. Cl. 529
Fed. Cl.2011Background
- This is a rails-to-trails takings case under the Trails Act Amendments, with Whispell Foreign Cars, Inc. et al. as plaintiffs challenging conversion of a railroad right-of-way to a public trail.
- CSX Transportation, Inc. abandoned the line; the STB issued an NITU and Pinellas County proceeded to construct the Pinellas Trail.
- Ordinance 429 (1914) granted Tampa & Gulf Coast Railroad Company a perpetual right to construct, maintain, and operate tracks through city streets, creating a disputed property interest.
- The Four Conveyances (Hayward, Ainsworth, Gilbart, Pancoast) and other deeds are central to determining which entities hold fee simple vs. easement interests.
- The court previously held the Four Conveyances generally granted fee simple to Tampa & Gulf Coast; disputes then centered on Ordinance 429 and the segment without a recorded conveyance.
- Two core issues remained: (i) whether Ordinance 429 conveyed fee title or an easement, and (ii) whether Tampa & Gulf Coast acquired fee title to the unrecorded segment by adverse possession.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ordinance 429 conveys fee or easement? | Plaintiffs say Ordinance 429 grants only an easement. | Defendant contends Ordinance 429 conveys fee simple. | Ordinance 429 conveys an easement. |
| Is public trail use within the easement scope? | Trail use is outside the railroad-purpose scope of the easement. | Current uses (railbanking/interim trail) fall within permissible scope. | Public recreational trail use is not within Ordinance 429’s scope. |
| Can railroad obtain fee title by adverse possession (unrecorded segment)? | Tampa & Gulf Coast cannot obtain fee title; only easement by prescription. | Railroad can acquire fee title by adverse possession. | Issue unresolved; no summary judgment on adverse possession. |
| Does the Hayward/Ordinance 429 interaction affect the claim? | Hayward deed interpretation informs whether easement-only conveyance persists. | Hayward deed does not alter the foundational interpretation of Ordinance 429. | Motion to reconsider regarding Hayward claim denied as moot; Ordinance 429 remains easement. |
Key Cases Cited
- Preseault II v. United States, 100 F.3d 1525 (Fed. Cir. 1996) (rail-to-trails takings framework and three-part questions)
- Caldwell v. United States, 391 F.3d 1226 (Fed. Cir. 2004) (exemption vs standard abandonment proceedings under rail policy)
- Tassapoulos v. Seaboard Coastline R.R., 353 So.2d 867 (Fla. Dist. Ct. App. 1977) (railroad can acquire fee title by adverse possession under §95.18)
- Seaboard Air Line Ry. v. Cal. Chem. Co., 210 So.2d 757 (Fla. Dist. Ct. App. 1968) (public entities/private corporations may obtain fee title by adverse possession)