Barron v. United States
CourtCourt of Appeals for the Federal Circuit
Date FiledOctober 22, 2026
Docket25-1179
StatusPublished
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Full Opinion
Case: 25-1179 Document: 75 Page: 1 Filed: 10/22/2026
United States Court of Appeals
for the Federal Circuit
______________________
DEBORAH E. BARRON, JOHN BUENAVENTURA
BAEZ, JAMES ACHILLE, JONATHAN ACHILLE,
THE ALB REVOCABLE TRUST, THE RPB
REVOCABLE TRUST, COURTYARD VILLAS, L.L.C.,
RONALD NOURSE, OLD FOREST LAKES OWNERS
ASSOCIATION, GILDA PASCUAL, STEPHEN
STILLER, CHRISTOPHER WORMWOOD, SHARON
KRUEGER, JAMES MUSSELWHITE, ENOS
WEAVER, JR., ANNA MARY WEAVER, WILLIS
MARTIN, ALTA MARTIN, JAMES MYERS,
KATHERINE MYERS, JUNE SHUMWAY, DANIEL J.
MALLON, IRENE A. MALLON, AS TRUSTEES OF
THE MALLON FAMILY TRUST UNDER
AGREEMENT DATED OCTOBER 3, 2007,
Plaintiffs-Appellants
ALEXANDRINE L. BOSWELL, TRUSTEE OF THE
ALB REVOCABLE TRUST, DATED JULY 21, 2003,
ROMAN P. BOSWELL, TRUSTEE OF THE RPB
REVOCABLE TRUST, DATED AUGUST 31, 2004,
JACEK GATKIEWICZ, HANNA GATKIEWICZ,
JONATHAN LESTER, ANAPAULA V. LESTER,
Plaintiffs
v.
UNITED STATES,
Defendant-Appellee
______________________
2025-1179
______________________
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2 BARRON v. US
Appeal from the United States Court of Federal Claims
in No. 1:21-cv-02181-EHM, Judge Edward H. Meyers.
--------------------------------------------------
4023 SAWYER ROAD I, LLC, DOUGLAS ABBOTT,
CYNTHIA G. ABBOTT, JULIA R. ADKINS, AUSTIN
C. MURPHY, RONALD S. ALBRITTON, JOYCE S.
ALBRITTON, LOUIS J. ALDERMAN, JR. AS
TRUSTEE OF LOUIS L. ALDERMAN 2013
REVOCABLE TRUST, NEAL ATCHLEY, JO
ATCHLEY, JEFFREY DOYLE,
Plaintiffs
JOHN M. ALVIS, ET AL.,
Plaintiffs-Appellants
v.
UNITED STATES,
Defendant-Appellee
______________________
2025-1459
______________________
Appeal from the United States Court of Federal Claims
in Nos. 1:19-cv-00757-EHM, Judge Edward H. Meyers.
______________________
Decided: October 22, 2026
______________________
MARK F. HEARNE, II, True North Law Group, LLC, St.
Louis, MO, argued for plaintiffs-appellants.
EMILY POLACHEK, Appellate Section, Environment and
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BARRON v. US 3
Natural Resources Division, United States Department of
Justice, Bloomington, MN, argued for defendant-appellee.
Also represented by ADAM R.F. GUSTAFSON, MARY
GABRIELLE SPRAGUE, Washington, DC.
______________________
Before LOURIE, STOLL, and STARK, Circuit Judges.
LOURIE, Circuit Judge.
This appeal arises from a rails-to-trails land conversion
in Florida carried out under the National Trails System Act
Amendments of 1983 (the “Trails Act”). Appellants Debo-
rah E. Barron et al. (collectively, “Landowners”) own land
adjacent to a rail corridor on which Seaboard Air Line Rail-
way (“Seaboard”) historically operated a railroad. In May
2019, the Surface Transportation Board (“STB”) issued a
Notice of Interim Trail Use (“NITU”) on a segment of that
rail corridor. Landowners argued that the NITU issuance
constituted a taking of their property by the United States
without the just compensation required by the Fifth
Amendment.
In two decisions constituting the appealed orders, the
Court of Federal Claims (“the Claims Court”) disagreed,
determining that the railroad owned title to the land in fee
simple and thus no Fifth Amendment taking occurred.
Barron v. United States, 174 Fed. Cl. 114, 119 (2024); 4023
Sawyer Rd. I, LLC v. United States, 175 Fed. Cl. 79, 81
(2025). Landowners now appeal, arguing that the Claims
Court erred in its ownership and taking determinations.
We affirm.
BACKGROUND
Railroad operators seeking to abandon a railroad must
file an application with (or seek an exemption from) the
STB, which has regulatory authority over railroad lines.
Caldwell v. United States, 391 F.3d 1226, 1229–30
(Fed. Cir. 2004) (citing 49 U.S.C. §§ 10903, 10502). But in
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4 BARRON v. US
seeking abandonment authority, railroad operators may
utilize the Trails Act “to convert their rail corridors to trails
rather than abandon them altogether.” Pressly v. United
States, 174 F.4th 1368, 1373 (Fed. Cir. 2026) (citing Na-
tional Trails System Act Amendments, Pub. L. No. 98-11,
§ 208(2), 97 Stat. 42, 48 (1983) (codified at 16 U.S.C.
§ 1247(d))). That involves a “railbanking” process, which
“allows a railroad to negotiate with a state, municipality,
or private group (the ‘trail operator’) to assume financial
and managerial responsibility for operating the railroad
right-of-way as a recreational trail.” Caldwell, 391 F.3d at
1229. “If the railroad [and trail] operator[s] agree[] to in-
terim trail use, STB will issue an NITU.” Pressly,
174 F.4th at 1373 (citing 49 C.F.R. § 1152.29(d)(1)). An
NITU allows a railroad to “discontinue service, cancel tar-
iffs, and salvage track and other equipment” without le-
gally abandoning the line. Caldwell, 391 F.3d at 1230.
Critically, when the STB issues an NITU, “state law
reversionary interests that would otherwise take effect
pursuant to normal abandonment proceedings are fore-
stalled,” id. at 1236, which may result in an unconstitu-
tional Fifth Amendment taking (depending on what, if any,
reversionary interests there are) unless the property
holder receives just compensation, Pressly, 174 F.4th at
1373.
In the instant case, the land at issue is an approxi-
mately 7.68-mile segment of a railway line known as the
Venice Branch. Barron, 174 Fed. Cl. at 119. 1 As relevant
on appeal, the railroad acquired an interest in the Venice
Branch from Landowners’ predecessors-in-interest via two
1 Because the factual background regarding the land
and railroad line is substantially the same for both Claims
Court cases from which Landowners appeal, we cite only
Barron. See Barron, 174 Fed. Cl. at 119; 4023 Sawyer Rd.,
175 Fed. Cl. at 82–83.
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BARRON v. US 5
mechanisms: a set of conveyance deeds––from Sarasota
Land Company (“SLC”), Clough, Burton, Neihardt, two
from Florida Mortgage and Investment Company
(“FMIC”), and Ringling––and the judgment of a 1926 con-
demnation proceeding (“Condemnation Judgment”). Bar-
ron, 174 Fed. Cl. at 119; 4023 Sawyer Rd., 175 Fed. Cl. at
82–83.
In March 2019, the operator of the corridor, Seminole
Gulf Railway, L.P., filed a notice of exemption to abandon
the Venice Branch. Barron, 174 Fed. Cl. at 119. In re-
sponse, the Sarasota County Board of County Commission-
ers filed a Request for Public Use Condition and Request
for Interim Trail Use with the STB. J.A. 185–88. The STB
then issued an NITU for the Venice Branch under § 8(d) of
the Trails Act. Barron, 174 Fed. Cl. at 119.
Landowners then sued the United States in the Claims
Court, claiming that the deeds and Condemnation Judg-
ment conveyed to the railroad only an easement in the land
underlying the Venice Branch, and thus the issuance of the
NITU prevented what they assert is their fee title from be-
coming unencumbered upon abandonment, leaving them
with a reversionary interest and resulting in an unconsti-
tutional taking. Barron, 174 Fed. Cl. at 119–20; 4023 Saw-
yer Rd., 175 Fed. Cl. at 82. The government countered that
the conveyance deeds and Condemnation Judgment con-
veyed a fee simple interest to the railroad such that no tak-
ing occurred. Barron, 174 Fed. Cl. at 120; 4023 Sawyer
Rd., 175 Fed. Cl. at 82.
The Claims Court agreed with the government. Bar-
ron, 174 Fed. Cl. at 138–39; 4023 Sawyer Rd., 175 Fed. Cl.
at 97–98. It first concluded that each deed unambiguously
conveyed a fee simple interest, relying on the deeds’ broad
conveyance language, specific mention of the land, and lack
of any reversionary clause. Barron, 174 Fed. Cl. at 126–
32; 4023 Sawyer Rd., 175 Fed. Cl. at 91–94. Second, as to
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6 BARRON v. US
the Condemnation Judgment, the Claims Court deter-
mined that the language concerning the type of estate con-
veyed was ambiguous, but nonetheless concluded, after
consulting extrinsic materials from the condemnation pro-
ceeding, that the Condemnation Judgment also conveyed
to the railroad title in fee simple. Barron, 174 Fed. Cl. at
132–38.
Because, in its view, each deed and the Condemnation
Judgment conveyed title to the railroad in fee simple, the
Claims Court granted summary judgment to the govern-
ment. Barron, 174 Fed. Cl. at 138–39; 4023 Sawyer Rd.,
175 Fed. Cl. at 97–98. Landowners appealed, and we have
jurisdiction under 28 U.S.C. § 1295(a)(3).
STANDARD OF REVIEW
“We review a grant of summary judgment by the Court
of Federal Claims de novo.” Pressly, 174 F.3d at 1374 (cit-
ing Barlow v. United States, 86 F.4th 1347, 1353 (Fed. Cir.
2023)). “Summary judgment is appropriate only where,
when drawing all reasonable inferences in favor of the non-
moving party, there are no genuine issues of material fact
and the moving party is entitled to judgment as a matter
of law.” Id. “Whether a taking has occurred is a question
of law based on factual underpinnings.” Chi. Coating Co.,
LLC v. United States, 892 F.3d 1164, 1169 (Fed. Cir. 2018)
(quoting Stearns Co. v. United States, 396 F.3d 1354, 1357
(Fed. Cir. 2005)). “We conduct a plenary review of the legal
conclusions of the [Claims Court] while reviewing its fac-
tual conclusions for clear error.” Id. (modifications added).
DISCUSSION
The instant dispute turns on whether the deeds and
Condemnation Judgment conveyed an interest in fee sim-
ple or merely an easement. See Pressly, 174 F.4th at 1373.
If they conveyed an interest in fee simple, there was no re-
versionary interest left to the Landowners’ predecessors-
in-interest, no taking occurred, and we must affirm. Id.
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BARRON v. US 7
Conversely, if they conveyed only an easement for railroad
use, there was a reversionary interest, and we must re-
verse and remand for the Claims Court to determine the
nature and status of the easement. See Preseault v. United
States, 100 F.3d 1525, 1533 (Fed. Cir. 1996) (en banc). But
first, because “acquisition of property rights is governed by
the law of the state in which the property sits,” Pressly,
174 F.4th at 1374, we review relevant Florida law.
I
This court and the Claims Court have encountered
Florida law in rails-to-trails cases before; most relevant
here is the Rogers line of cases. See, e.g., Rogers v. United
States, 184 So. 3d 1087 (Fla. 2015) (“Rogers IV”); Rogers v.
United States, 814 F.3d 1299 (Fed. Cir. 2015) (“Rogers V”).
There, we certified questions of Florida law to the Florida
Supreme Court, which the Florida Supreme Court an-
swered in Rogers IV. See 184 So. 3d at 1100.
As relevant here, the Florida Supreme Court in Rogers
IV provided the following guiding principles on Florida law:
(1) “the effect of a deed, both as to the property conveyed
and the character of the estate conveyed, is determined by
the intent of the grantor,” id. at 1095; (2) “[w]hen the lan-
guage of a deed is clear and certain in meaning and the
grantor’s intention is reflected by the language employed,
there is no room for judicial construction of the language
nor interpretation of the words used,” id. (quotation omit-
ted); (3) “[w]hen a deed is unambiguous and sufficient on
its face to show the grantor’s intent as to the property de-
scribed and the estate conveyed, extrinsic evidence is not
admissible to vary the terms,” id. at 1100 (citations omit-
ted); and (4) “the amount of consideration stated in a deed
provides no basis for questioning the validity of the deed,”
id. at 1097 (citations omitted).
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8 BARRON v. US
II
With the above guiding principles in mind, we turn
first to the deeds for each conveyance.
A
Each conveyance deed contains explicit language
granting rights in the land itself without any reversionary
clause. The SLC and Clough deeds state that “the [grantor]
hereby grants, bargains, sells and conveys unto the [Sea-
board Air Line Railway] all their right, title and interest, of
any nature whatsoever in . . . [a]ll those certain pieces or
parcels of land.” See J.A. 3832 (SLC deed); J.A. 3839
(Clough deed) 2 (emphases added). The Burton deed simi-
larly “grant[s], bargain[s], sell[s] and convey[s] . . . [a] strip
of land” and “sell[s], transfer[s] and assign[s] . . . all its
right, title and interest.” J.A. 3824–25 (emphases added).
The Neihardt, FMIC, and Ringling deeds each contain sim-
ilar “granting” language. See J.A. 3867 (“granted, bar-
gained, and sold . . . the following described land”); J.A.
3853, 3858 (same); J.A. 3874 (“granted, bargained, sold and
conveyed . . . the following described land”).
Rogers V is instructive here. Like the deeds that con-
veyed land in fee simple in Rogers V, the deeds here “make
no reference to an easement or right-of-way,” but instead
refer to a “strip of land” without a reversionary clause. See
814 F.3d at 1306; J.A. 3832, 3839, 3824–25, 3867, 3853,
3858, 3874. And like the deeds in Rogers V, the expansive
granting language of “all of their interest” unambiguously
indicates conveyances in fee simple. See Rogers V,
814 F.3d at 1306; J.A. 3832, 3839, 3824–25, 3867, 3853,
2 The Clough deed uses the singular “grant, bargain,
sell, and convey,” but the language is materially the same
for purposes of our analysis. See J.A. 3839.
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BARRON v. US 9
3858, 3874. Accordingly, the deeds before us unambigu-
ously intended to grant title in fee simple. See Rogers V,
814 F.3d at 1306.
Additionally, language in some of the deeds provides
further support that those deeds conveyed a fee simple ti-
tle. The Burton, Neihardt, FMIC, and Ringling conveyance
deeds each indicate that the land was to be sold “forever.”
See J.A. 3825 (Burton); J.A. 3867 (Neihardt); J.A. 3853,
3858 (FMIC); J.A. 3876 (Ringling). Such language rein-
forces the idea that there was no intent to restore the orig-
inal owners “with a possessory estate unencumbered by
[any] servitude”––a key feature in easements. See Marvin
M. Brandt Revocable Tr. v. United States, 572 U.S. 93, 105
(2014). And furthermore, the Ringling conveyance deed ex-
plicitly indicates that the conveyance is “in fee simple for-
ever.” J.A. 3876 (emphasis added).
It is true that there is “right of way” language in the
FMIC conveyance deeds. J.A. 3853, 3858. The FMIC con-
veyance deeds, after describing conveyance of land forever,
recite a “[d]escription of part of the right of way [t]o be ob-
tained.” J.A. 3853. But under Florida law, describing con-
veyed land using the phrase “right of way” does not
automatically mean a grantor conveys an easement; ra-
ther, the language of the deed must be evaluated as a
whole. Atl. Coast Line R. Co. v. Duval Cnty., 114 Fla. 254,
258 (1934) (“A railroad right of way in this state is not a
mere easement or user for railroad purposes. Like other
property it is acquired by purchase or condemnation and
vests a fee in the company acquiring it which cannot be di-
vested except as the law provides.”); see also 43 Fla. Jur 2d
Railroads § 28. Given the aforementioned expansive, un-
restricted granting language of land “forever,” with a
clause warranting “the title to said land,” J.A. 3855, the
language of the FMIC conveyance deeds as a whole indi-
cates the transfer of title in fee simple to the railroad. See
Rogers V, 814 F.3d at 1306.
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10 BARRON v. US
B
Landowners make a variety of arguments as to why the
conveyance deeds did not grant the railroad the land in fee
simple. None is persuasive.
Landowners, for the most part, offer several policy ar-
guments. See Open. Br. 29–45. Landowners argue that
“Florida public policy strongly disfavors [] fee [simple] es-
tates” for railroads on “strips of land,” id. at 31–35, the
Claims Court decision contravenes our interpretation of
another state’s law, id. at 35–40, and right of way language
presumes an easement, id. at 41–45. But those policy ar-
guments are unavailing in light of the Florida Supreme
Court’s guiding rule that “[w]hen the language of a deed is
clear and certain in meaning and the grantor’s intention is
reflected by the language employed, there is no room for
judicial construction of the language nor interpretation of
the words used.” Rogers IV, 184 So. 3d at 1095. As ex-
plained above, all the deeds use clear and certain language,
and any policy arguments that ignore the language of the
deeds must therefore fail. See Boynton v. Canal Auth.,
311 So. 2d 412, 415 (Fla. Dist. Ct. App. 1975) (“[I]f the lan-
guage employed is plain and unambiguous there is no room
for construction nor interpretation, and the effect thereof
must be determined in the light of the literal meaning of
the language used.”).
Landowners do briefly address the language of the
deeds. See Open. Br. 55. They argue that the Claims
Court’s decision is “contrary to the explicit text of the con-
veyances,” which, according to them, conveyed easements.
Id. They do so by focusing on the timing of the convey-
ances, the size of the land conveyed, and the fact that the
interests are “across” “narrow strip[s]” of land. See id. But
those arguments are unpersuasive considering, as ex-
plained above, that the unambiguous language of the deeds
conveyed land in fee simple to the railroad. See Rogers IV,
184 So. 3d at 1097; Boynton, 311 So. 2d at 415.
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BARRON v. US 11
Finally, Landowners argue that reliance on the Rogers
line of cases is improper because Rogers IV did not deal
with voluntary conveyances––i.e., “conveyance[s] without
valuable consideration.” Open. Br. 49–54. Landowners
rely on the nominal consideration in the deeds to argue
that the conveyances are voluntary. But that is not rele-
vant here. Indeed, the Florida Supreme Court in Rogers IV
rejected such an argument, stating that “the amount of
consideration stated in a deed provides no basis for ques-
tioning [its] validity.” 184 So. 3d at 1096–97. Rather, we
look only to the language of the deeds when that language
is unambiguous, as it is here. See id. at 1097.
Accordingly, we conclude that each deed conveyed to
the railroad an interest in fee simple such that there was
no Fifth Amendment taking.
III
We now address the Condemnation Judgment. The
Condemnation Judgment is a jury verdict that resulted
from a 1920s condemnation proceeding in Florida district
court, where the Tampa Southern Railroad Company
sought to condemn part of the property at issue here for
railroad use. Barron, 174 Fed. Cl. at 132; J.A. 1383–84. It
reads in relevant part:
We, the jury, . . . impaneled [] . . . to try what
compensation shall be paid to the defendant for the
property sought to be appropriated in this cause, ir-
respective of any benefit from any improvement
proposed by the petitioner, do find:
l. That the property sought to be condemned is
described as follows:
All that certain piece, parcel or strip of land [de-
scribed]
2. That the compensation made therefor shall
be the sum of $61,500.00 Dollars,
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12 BARRON v. US
...
It is considered by the Court that the property
therein described be appropriated by the Tampa
Southern Railroad Company for use as a right of
way for said Railroad Company. . . .
J.A. 1359–60 (emphases added).
As an initial matter, we note that we analyze the Con-
demnation Judgment in the same way as the conveyance
deeds––i.e., “if the language employed is plain and unam-
biguous there is no room for construction nor interpreta-
tion.” See Boynton, 311 So. 2d at 415. But if that language
is ambiguous, then we may construe its terms. See id.
We first conclude that the language of the Condemna-
tion Judgment is ambiguous. It describes a “property,” in
the form of “[a]ll that certain piece, parcel or strip of land,”
“for use as a right of way for [the railroad].” J.A. 1359. The
phrase “right of way” here renders the Condemnation
Judgment ambiguous, because it “sometimes is used to de-
scribe a right belonging to a party, a right of passage over
any tract . . . [but] is also used to describe that strip of land
which railroad companies take upon which to construct
their road-bed.” Joy v. City of St. Louis, 138 U.S. 1, 44
(1891); see Atl. Coast Line, 114 Fla. at 258 (under Florida
law, a railroad “right of way” obtained via condemnation
may “vest[] a fee” in the railroad acquiring it).
The Condemnation Judgment here contains no lan-
guage that unambiguously shows whether the railroad ob-
tained ownership in fee simple or a mere easement. On the
one hand, we could consider the Condemnation Judgment
to convey ownership in fee simple because it provides that
“the property sought to be condemned is described as . . .
[a]ll that certain piece, parcel or strip of land . . . for use as
a right of way,” J.A. 1359–60 (emphasis added), such that
it is a “strip of land which railroad companies take upon
which to construct their road-bed,” Joy, 138 U.S. at 44. On
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BARRON v. US 13
the other hand, it could be an easement as a “right of pas-
sage,” id., considering the property is “for use as a right of
way,” J.A. 1360 3; see Nerbonne, N.V. v. Fla. Power Corp.,
692 So. 2d 928, 928 (Fla. Dist. Ct. App. 1997) (using the
terms “right of way” and “easement” interchangeably be-
cause the conveyance language did so).
Accordingly, because the language is ambiguous, we
examine the extrinsic evidence in the record. See Boynton,
311 So. 2d at 415 (“If a judgment cannot be interpreted
from the language in the judgment itself, the entire record
may be examined and considered for the purpose of inter-
preting the judgment and determining its operation and ef-
fect.”).
We conclude that the extrinsic evidence resolves the
ambiguity such that the Condemnation Judgment con-
veyed the land in fee simple. The extrinsic evidence con-
sists of filings from the 1926 condemnation action;
specifically, a set of proposed jury instructions from each
party and a joint stipulation describing the land to be con-
demned. See Barron, 174 Fed. Cl at 134–35; J.A. 1378–79
(railroad proposed jury instructions); J.A. 1342 (landown-
ers proposed jury instructions); J.A. 1352 (joint stipula-
tion). Both sets of proposed jury instructions charge the
jury with considering the value of the specific land––not
the value of the right to use that land. See J.A. 1342 (land-
owners asking the court to charge the jury to “fix[] the com-
pensation to be paid [to] the owners for the land sought to
be taken” (emphasis added)); J.A. 1378 (railroad requesting
3 Amicus argues that the fact that the property was
taken “for use as a right of way” disposes of the inquiry
such that the Condemnation Judgment granted only an
easement. See ECF No. 41 at 12–13. That is not the case,
as the term “right of way” can be ambiguous. See Joy,
138 U.S. at 44; Atl. Coast Line, 114 Fla. at 258.
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14 BARRON v. US
the court to instruct the jury to “consider[] the compensa-
tion to be paid to the defendant of the land about to be
taken” by “fix[ing] the actual cash market value of the land
taken” (emphases added)). The joint stipulation reinforces
that understanding, as it describes the metes and bounds
of the “land sought to be taken.” See J.A. 1352.
Landowners’ counterarguments are not persuasive.
They deal with general principles of railroad taking and
public policy, attempting to analogize the principles of Ver-
mont law to the facts here. See Open. Br. 29–40. But those
arguments do not engage with the text of the Condemna-
tion Judgment or the filings from the condemnation pro-
ceeding, which are necessary to ascertain the meaning of
the ambiguous contract term. See id. at 29–40; Boynton,
311 So. 2d at 415. As explained above, to determine the
meaning of a judgment we look to the document itself or, in
cases of ambiguity, the entire record. See Boynton,
311 So. 2d at 415. Only in that way do we “determin[e] its
operation and effect.” Id.
Furthermore, we reject Landowners’ argument that
the ordinary meaning of “right of way” necessitates that
the railroad received only an easement from the condem-
nation proceeding. See Open. Br. 41–45. Florida law is
clear that a railroad right of way “is not [necessarily] a
mere easement,” but rather may, under certain circum-
stances, “vest[] a fee in the company acquiring it.” See Atl.
Coast Line, 114 Fla. at 258. In light of both Joy and Atlan-
tic Coast Line Railroad, Landowners’ argument is unper-
suasive––both cases indicate that a “right of way” may be
an easement, but is not necessarily so. Joy, 138 U.S. at 44;
Atl. Coast Line, 114 Fla. at 258. Any ambiguity present in
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BARRON v. US 15
the Condemnation Judgment leads us to the extrinsic evi-
dence analyzed above, which leads us to conclude that it
conveyed title in fee simple. 4
IV
Finally, Landowners ask us to certify to the Florida Su-
preme Court “the novel interpretation of Florida law upon
which the [Claims Court] premised its dismissal.” Open.
Br. 56. We see no such “novel interpretation.” Florida law
is clear that the court must examine the language of the
relevant document to see if it unambiguously conveyed
land in fee simple. See Rogers IV, 184 So. 3d at 1100. The
Claims Court did so, and we agree with its conclusions.
Certification is thus unwarranted. See Toews v. United
States, 376 F.3d 1371, 1381 (Fed. Cir. 2004).
CONCLUSION
For the foregoing reasons, we affirm the judgment of
the Claims Court.
AFFIRMED
4 Landowners do not argue that, if this court agrees
with the Claims Court that the Condemnation Judgment
is ambiguous, the extrinsic evidence supports finding a
conveyance of an easement. See Oral Arg. at 8:23–9:51,
30:51–31:14, https://www.cafc.uscourts.gov/oral-argu-
ments/25-1179_09142026.mp3.